Private schools in the Union Territory are not allowed to charge more than the panel-approved sum, even if they have received a stay from the high court, according to a directive from the Jammu and Kashmir Fee Fixation and Regulation Committee (FFRC). Then, Justice (retired) Muzaffar Hussain Attar, the chairman of the FFRC, claimed that a few school administrations had obtained high court stays barring the adoption of the committee-approved pricing structure for their institutions and were now assessing fees as they pleased.
“The question of public and legal importance arises when the Hon’ble (High) court stays the fee regulation order of FFRC, can a school be permitted to charge and collect the fee which it has fixed itself and which, in light of the mandate of the Hon’ble Supreme Court and high court judgments and statute, is impermissible?” Justice Attar stated in an eight-page order clarifying the FFRC’s position on “Legal Importance.” He stated, “The legal response is that such types of schools do not have the legal power to charge and collect fees determined by themselves.
In its decision on June 1, 2015, the High Court of Jammu and Kashmir & Ladakh, according to Justice Attar, allowed managements of unaided private schools the freedom to approach the committee to determine the fee structure for each level. Additionally, it stated that beginning in August 2014, all payments would be collected by management until the committee decides on a new price system. The Honorable Supreme Court has ordered that each educational institution must present the committee with a proposed fee structure well in advance of the start of the academic year, and that committee members are free to approve the proposed fee structure or suggest a different fee that the institute may charge.
“The latest judgement of the Hon’ble Supreme Court has also ruled that the government can provide for an external regulatory mechanism for determination of school fee or for fixation of just and permissible school fee at the initial stage itself,” he added.
Most of the time the high court has overturned the FFRC’s fee-regulation rule, it was after the schools initially petitioned the committee. “In these schools, in violation of judgments of the Supreme Court and the High Court of Jammu and Kashmir & Ladakh, and mandate of the law, such schools have fixed the fee structure themselves,” he noted. “In these schools, in view of non-submission of proposed fee structure and record to FFRC previously, the fee was not determined and regulated by FFRC in respect to previous academic sessions.”
According to Justice Attar, “This act of such school managements is per se illegal and void ab-initio, as fee structure has been fixed in breach of the mandate of the judgements of the Supreme Court and High Court and the statute occupying the field. Such fee structures cannot be recognised in law.” Such schools must ask the high court to rule on their writ petitions or seek clarification about the fee, which in law they are permitted to charge and collect from students, he said. “Keeping in abeyance of fee regulation order of FFRC by the high court would not and shall not authorise school managements to fix fee structure at their sweet will and charge same from students, same is not permitted by the Supreme Court and the high court and the statutes occupying the field. “No person can be permitted to abuse and misuse the process of Court to secure a legally impermissible benefit. Court orders protect legal rights and do not protect illegal acts,” he added.
