Case Note & Summary
The petitioners, employees of private schools in Nanded, filed a writ petition seeking implementation of the Government Resolution dated 13.06.1996, which provides free education to the wards of teaching and non-teaching staff in recognized private schools. They also challenged a communication dated 18.08.2018 issued by the Education Officer (Secondary), Zilla Parishad, Nanded, which allegedly restricted the benefit to only one ward per employee. The petitioners argued that the resolution does not limit the number of children and that they had been paying fees under protest. The respondents, including the State and the school principals, contended that the benefit was limited to one child as per the communication. The court examined the Government Resolution and found no such restriction. It held that the communication dated 18.08.2018 was contrary to the policy and quashed it. The court directed the respondent schools to refund the fees collected from the petitioners for their wards within a specified period. The petition was allowed with costs.
Headnote
A) Education Law - Free Studentship Scheme - Government Resolution dated 13.06.1996 - Implementation - The court considered the validity of a communication restricting the benefit of free education to only one ward of employees of private schools. Held that the Government Resolution does not impose any such restriction and the communication is contrary to the policy. (Paras 2-10) B) Education Law - Refund of Fees - Unauthorized Collection - The court directed the respondent schools to refund the fees collected from the petitioners for their wards, as the free studentship scheme was applicable. (Paras 11-15)
Issue of Consideration
Whether the petitioners, being employees of private schools, are entitled to free education for their wards under the Government Resolution dated 13.06.1996, and whether the communication dated 18.08.2018 restricting the benefit is valid.
Final Decision
The court allowed the writ petition, quashed the communication dated 18.08.2018, and directed the respondent schools to refund the fees collected from the petitioners for their wards within a specified period.
Law Points
- Free studentship scheme
- Government Resolution
- refund of fees
- implementation of policy
- private schools
- education
