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The Bombay High Court on Friday stayed the Maharashtra Government's mandate excepting an expansion or hike in school fees this year (scholastic year 2020-21) considering the COVID-19 pandemic and lockdown (Association of Indian School and Ors. v. State of Maharashtra and Ors).
A May 8 resolution gave with this impact was challenged by private unaided and private unaided minority schools in the State of Maharashtra affiliated to various Boards.
The resolution had been passed by the Government invoking Section 21 of the Maharashtra Educational Institutions (Regulation of Fee) Act, 2011 and Section 26 (I) and (l) of the Disaster Management Act, 2005.
In the supplications pouncing upon the move, be that as it may, it was contended before the Bombay High Court that the state cannot adopt a resolution which would touch upon the subject of regulating fees in schools. The board's choices on the fees structure was official according to Section 6 of the 2011 Act, and that the State Government has not been presented any capacity to interfere with the fees structure.
"Prima facie having regard to the scheme of section 6, we are of the view that section 21 could not have been invoked by the State Government to have issued the impugned Government Resolution."
-Bombay High Court
The Court included that it couldn't discover any enactment empowering the Government to give the May 8 resolution in the Epidemic Diseases Act, 1897, the Epidemic Diseases (Amendment) Ordinance, 2020 or the Disaster Management Act, 2005 either.
Without such legal backing, the Bench likewise observed that courts have set out that the State can't issue such resolutions addressing the topic of directing school expenses in private foundations under Article 162 of the Constitution.
In such manner, the Court alluded to the Supreme Court administering on account of TMA Pai Foundation vs. State of Karnataka and the Bombay High Court administering in Association of International Schools vs. State of Maharashtra.
In that capacity, the Court has now stayed the May 8 State Government Resolution and every single associated communication made thusly. The Court, in any case, added that the schools may consider permitting instalment in paying the school fees taking into account the troubles that might be faced by guardians in these testing times.
The matter has been presented to be taken up next on August 11.
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