{"id":231609,"date":"2020-07-01T09:00:06","date_gmt":"2020-07-01T03:30:06","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=231609"},"modified":"2020-07-10T14:05:36","modified_gmt":"2020-07-10T08:35:36","slug":"bom-hc-maharashtra-governments-resolution-declaring-non-increase-of-fees-in-educational-institutions-for-academic-year-2020-21-has-been-stayed","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2020\/07\/01\/bom-hc-maharashtra-governments-resolution-declaring-non-increase-of-fees-in-educational-institutions-for-academic-year-2020-21-has-been-stayed\/","title":{"rendered":"Bom HC | Maharashtra Government’s resolution declaring non-increase of fees in educational institutions for Academic Year 2020-21 has been stayed"},"content":{"rendered":"

Bombay High Court:\u00a0<\/strong>A Division Bench of Ujjal Bhuyan and Riyaz I. Chagla, JJ., stayed the Government Resolution issued by the State of Maharashtra on 8th May, 2020 wherein non-increase of fees for the academic year of 2020-21 was declared in the educational institutions.<\/p>\n

Challenge in the present petition<\/span><\/h3>\n

Government Resolution No. Misc-2020\/CR33\/SM-6 dated 8th May, 2020 issued by the Principal Secretary to the Government of Maharashtra, School Education and Sports Department has been challenged which was in regard to non-increase of fees for the academic year 2020-21 in the educational institutions in the State of Maharashtra.<\/span><\/span><\/p>\n

Further, petitioners have also challenged consequential letters issued by different Education Inspectors and Education Officers of Zilla Parishads calling upon the different schools to comply with the above-mentioned resolution and threatening coercive action in case of non-compliance.<\/span><\/p>\n

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Who are the petitioners?<\/span><\/h4>\n

Petitioners represent private unaided and private unaided minority schools in the State of Maharashtra. Being private educational institutions, they are not dependent on any kind of grant or assistance from the government. The expenses of the respective schools are met from the funds primarily collected from fees.<\/p>\n

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Government has received complaints that some institutions \/ schools are compelling the students and parents to pay the fees though as per the above-mentioned Circular, institutions\/schools were instructed to collect fees after the lockdown period.<\/span><\/p>\n

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Contentions<\/span><\/strong><\/p>\n

Petitioners contended that according to Section 21 of the Maharashtra Educational Institutions (Regulation of Fee) Act, 2011 <\/span>State Government does not confer any power to tamper with the fee neither such power is traceable to Section 26 of the Disaster Management Act, 2005.<\/span><\/p>\n

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\u00a0Impugned resolution is without jurisdiction.<\/div>\n<\/blockquote>\n

Bench<\/span><\/h4>\n

Court on considering the contentions, was of the view that an issue of considerable significance has been raised by the petitioners and petitioners have made a good case for stay of the impugned government Resolution.<\/p>\n

The above-was stated by the bench for the following reasons:<\/p>\n

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