Giving the ray of hope to thousand of parents of State of Maharashtra the Supreme Court has disposed off the Special Leave Petition filed against the judgement of the Bombay High Court which had rejected the single parent’s right to approach the Divisional Fee Regulatory Committee (DFRC) stating that ‘Question of law about the right of the Parent Teacher Association Executive Committee (PTA EC) to approach the Divisional Fee Regulatory Committee (DFRC) is left open.’
Background- Earlier the Bombay High Court in Writ Petition No. 471(L)/ 2017 had rejected the single parent’s right to approach Divisional Fee Regulatory Committee u/s 10 of the Maharashtra Educational Institutions Regulation of Fee Act 2011. The detailed judgement above mentioned can be viewed and downloaded as follows-
Writ Petition (L) NO. 471 OF 2017 Indian Education Society & Ors Vs State of Maharashtra & Ors
The same dictum was repeated by the Bombay High Court recently in another writ petition as follows-
Writ Petition No. 613 OF 2018-Khed Taluka Vidyarthi Palak Sangh Vs State of Maharashtra
Parent’s Indifference for filing of Special Leave Petition-
With utmost respect to the Bombay High Court, after the judgement above mentioned was given the parents got huge setback as all the orders given by the DFRC were set aside. The DFRC had ordered roll back of the fees in many schools which also got set aside. In Pune alone more than 18 schools’ roll back of fees orders were affected. However in spite of this among thousands of parents none of the parent filed any special leave petition before the Supreme Court since the year 2017. I had to appeal and literally convince many parents to come forward to file the Special Leave Petition which was filed and finally adjudicated in the year 2019.
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Finally the parents from the IES Modern English School & Euro School came forward yet the funds gathered were not enough for us to go to supreme court & file the Special Leave Petition. Under such circumstances, my learned lawyer friend Adv.Mayank Kshirsagar & his team who earlier too had helped few parents from Maharashtra, filed the present Special Leave Petition & pursued it till finality. The order of the Supreme Court is as follows-
Important aspect of the judgement of the Supreme Court as follows-
1) Single parent’s right to approach DFRC rejected-
The Supreme Court has rejected to interfere with the Bombay High Court’s judgement and hence single parent’s right to approach to Divisional Fee Regulatory Committee (DFRC) is also rejected by the Supreme Court. The Supreme Court mentioned that the DFRC would be flooded with the complaints if such right is upheld (It is with utmost respect to the Supreme Court i would like to mention that for the professional courses such right of the parents is already upheld with limitation clause of 30 days to make complaint to Shikshan Shulk Samiti, it ought to have been considered by the Supreme Court).
2) Question of law to PTA-EC’s right to approach DFRC is left open-
However after the Adv.Mayank Kshirsagar pointed out that the act is so arbitrary & unjust that it allows only the school management to approach the parents & not even the Parent Teacher Association Executive Committee, the Supreme Court considered the contention so raised & has mentioned that the Question of law to PTA-EC’s right to approach DFRC is left open which might be helpful if the PTA-EC of the schools again file the writ petitions before the Bombay High Court.
Strategy to be adopted by the parents-
We make following suggestions to the parents-
1) Not to get panicked, even though the single parent had no right to approach DFRC in the years 2017-2019 many parent activists have successfully lodged an FIR against many reputed schools, principals have been dismissed & not only even refund orders have been made but in some schools the parents actually got partial refunds of excessive & illegal fees after adopting the strategy to fight their issues u/s.16 of the Maharashtra Educational Institutions Regulations of Fee Act 2011.
2) ‘Mr.Counsel, legislators have done this, approach your legislators (MLA’s) was remark made by the judges during the hearing and hence i firmly believe a decisive protest movement by the people would sure yield positive results. Decisive protests movement has to be launched against the ministry of education, all the activist should come on common platform because as per the confidential sources, the government is likely to carry out the amendment in upcoming session on 25th February 2019 wherein draconian amendments like 25% parent’s consent for making complaint to DFRC, recovering interest or fine from the parents for late fees etc. might be put for approval, the detailed blog regarding draconian amendments is given in following article-
Amendment to weaken Maharashtra Educational Institutions Regulation of Fee Act 2011.
3) We have always provided our legal assistance to almost every parent activist in their ongoing battles against the errant schools in State of Maharashtra and if any such draconian amendments are brought by the state government, we would again be challenging before the appropriate courts, however at the same time we appeal people to come forward and join us gathering resources for the movement generously.
The organization again congratulates and thanks the sincere and relentless efforts put by Adv.Mayank Kshirsagar & his team, parents Mr.Prasad Tulaskar, Smt.Anagha Acharekar, Mr.Pankaj Dabholkar, Smt.Manasi Pathare, Smt.Rachana Talekar & parents from EURO School (Pune) who have continued their battle till the end.
We publish such blogs as people do not understand all the social & legal aspects of any legal matters from the general media news.
Read also how the step by step conspiracy of governments of all the political parties in State of Maharashtra which have conspired to help the private schools to commercialize the education since the year 2010-2018 in following article-
Amendments to Weaken Fee Regulation Acts in Maharashtra since 2010-18
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