Case Note & Summary
The petitioners, parents of students studying in Modern Primary School and Sandipani School in Nagpur, filed a writ petition under Article 226 of the Constitution challenging the fee hike implemented by the respondent schools. They contended that the fee increase was arbitrary, excessive, and violated the provisions of the Maharashtra Educational Institutions (Regulation of Fee) Act, 2013. The respondents, including the Government of India, State of Maharashtra, and the schools, argued that the fee structure was fixed by an expert committee as per the Act and was reasonable. The court, after hearing the parties, held that fee fixation is a policy matter and the High Court under Article 226 cannot interfere with the fee structure unless it is shown to be arbitrary or violative of statutory provisions. The court found no arbitrariness in the fee hike and dismissed the petition, directing the petitioners to pay the fees as fixed by the school.
Headnote
A) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - Fee Fixation - The court held that fee fixation is a policy matter and the High Court under Article 226 cannot interfere with the fee structure fixed by the school unless it is arbitrary or violative of statutory provisions. The court found no arbitrariness in the fee hike and dismissed the petition. (Paras 1-10) B) Education Law - Fee Regulation - Maharashtra Educational Institutions (Regulation of Fee) Act, 2013 - The court noted that the fee structure is determined by an expert committee and the school is bound by it. The petitioners failed to show any violation of the Act or any arbitrary action by the school. (Paras 1-10)
Issue of Consideration
Whether the High Court under Article 226 of the Constitution can interfere with the fee structure fixed by a school and whether the fee hike by the respondent schools is arbitrary and violative of the Maharashtra Educational Institutions (Regulation of Fee) Act, 2013?
Final Decision
The writ petition is dismissed. The petitioners are directed to pay the fees as fixed by the school.
Law Points
- Writ jurisdiction under Article 226 not to be exercised for fee fixation
- fee fixation is a policy matter
- expert committee's decision binding
- no interference with school autonomy
