YOGESH RAMCHANDRA PATHRE Vs. DEPUTY DIRECTOR OF EDUCATION

JUDGEMENT

(1.) By the present proceedings initiated in public interest, the petitioners seek to raise a grievance with regard to discrimination in the fee structure from one school to another school and pray that such fee structure should be as per the fee structure prevalent in Government schools. It is further prayed that there should be uniformity of the fee structure from Kindergarten to the College level.

(2.) According to the petitioners, they have formed an Association under the name and style of 'Jagruk Palak Samiti' to raise grievances in the matter of increase in fees in each academic year from Kindergarten to XIIth Standard- H.S.C. The Association has entered into various communications with the Authorities including the Deputy Director of Education as well as the Collector, Nagpur. It is stated that imparting of education and receiving the same being a fundamental right of the students, there ought to be no discrimination in the fee structure of the private schools on par with the Government schools. Instances of increase in the fee structure especially at the school run by the respondent No.4-Society is sought to be highlighted.

(3.) In the reply filed by the Collector, it has been stated that the matter falls within the purview of the Deputy Director of Education, Nagpur Division, Nagpur and the said Authority is competent to look into the grievances raised by the petitioners. The Deputy Director of Education, Nagpur Division, Nagpur has also filed her affidavit making a reference to the provisions of the Maharashtra Educational Institutions (Regulation of Fee) Act, 2011 (for short, 'the Act of 2011') to submit that the said legislation has been brought into force to regulate the collection of fee by the educational institutions in the State of Maharashtra and to provide for matters connected thereto. The provisions of the said Act are comprehensive and insofar as the private unaided schools and the colleges are concerned, they have autonomy in the matter of administration of such schools including the admission of students and the fee to be charged. The grievances of the petitioners could be considered under the Act of 2011. Reference has been made to the judgment of the Hon'ble Supreme Court in T.M.A. Pai Foundation and others Versus State of Karnataka and others [(2002) 8 SCC 481].