Supreme Court-Question of Parent Teacher Committee’s Right to Approach DFRC Open

The Parent Teachers Association Executive Committee (PTA-EC) may approach high courts for their right to approach DFRC.

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.

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-

Supreme Court-Question of Parent Teacher Committee's Right to Approach DFRC Open
Supreme Court-Question of Parent Teacher Committee’s Right to Approach DFRC Open

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

-Adv.Siddharthshankar Sharma
(Founder President- Bharatiya Krantikari Sangathan)

Must Read-Legal Awareness Articles for Common Man as follows-

1) How to File Case Without Lawyer or In Person with Sample Draft
2) Legal Remedy & Complaints Against Police- State Police Complaint Authority
3) Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools
4) How to get Central & State government’s Acts & Rules at One Place
5) How to Check CBSE Affiliation of the School
6) Getting Self Declaration & Audit Statement of School Under RTE Act 2009
7) Case laws & Legal Provisions against Child Harassment
8) Remedy to Stop & Ban Promotional Telemarketing Caller in 9 days-TRAI Facility7
9) The Electricity Act 2003- 15 Days Prior Written Notice Must for disconnecting Electricity
10) The Maharashtra Public Records Act 2005-Important Provisions
11) Implement G.R. banning Compulsion of Stationeries by Schools-Bombay High Court
12) Information Commissioner slaps fine under RTI Act 2005 to Education Ministry
13) The Government blocks Child Rights Panel Functioning With Pre-planned Conspiracy
14) Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005



Bombay High Court-Schools Cannot Fix the Fees Unilaterally neglecting PTA-EC.

Bombay High Court-Schools Cannot Fix the Fees Unilaterally neglecting PTA-EC.

In another setback to the reckless act of the private school fixing the fees in violation of the Maharashtra Educational Institutions Regulation of Fee Act 2011, the Bombay High Court has come heavily against the Indira National School (Pune) which took adamant approach not to provide parents the mandatory documents required under the Fee Regulation Act of 2011. The judgement of the Bombay High Court is likely to help thousands of parents of Maharashtra as most of the schools do not provide important information to the members of the Parent Teachers Association- Executive Committee (PTA-EC) like audit statements, infrastructure, expenditure on administration & maintenance, fund generated from NRI’s & donations, expenditure incurred on students over total income, building rent etc.

The judgement delivered by the Bombay High Court can be viewed & downloaded as follows-
Writ Petition No. 76 OF 2019- Dr. Harshawardhan Vijay Shrotri & Ors Vs. Deputy Director of Education & Ors

The battle against the errant school management started before few years when Mr.Satish Mundada along with Smt.Meera Dilip & other parents after the intervention of the Bombay High Court got favorable order from the Divisional Fee Regulatory Committee (DFRC) which ordered the reduction of the school fees from around Rs.64000/- to Rs.52000/- which was again a huge success as the school management had proposed it to be hiked for Rs.72000/-.

Explaining the issue, Mr.Satish Mundada said ‘We welcome this judgement. The school management cannot neglect the PTA-EC which is statutorily elected body. The very basis to judge the reasonableness of the fees is to check through the documents required to be produced before the PTA-EC under the fee regulation act. However most of the schools adopt adamant approach and do not provide the parents the mandatory information as it would likely expose their profiteering. Now as the high court itself has reiterated that the school must provide the mandatory documents to the PTA-EC it would be difficult for the school management to continue such adamant approach & profiteering.

‘We also believe that if any PTA-EC member among the parents rejects the fee proposal, same should be construed as complete rejection, we would be confirming same interpretation with the competent authority soon’. Added Mr.Mundada.

The parents of the Indira National School have appealed to the parents of the state to refer the order of the Bombay High Court above given and also immediately take appropriate action if the school management does not provide them the mandatory relevant information under the Maharashtra Educational Institutions Regulation of Fee Act 2011.

The petition was filed by the parents Dr.Harshawardhan Shrotri others and were represented by Adv.Ronita Bhattacharya.

Salient Features of this judgement in brief are as follows-
1)
The school management cannot unilaterally fix the fees neglecting the Parent Teacher Association Executive Committee (PTA-EC),
2) The fee could not be determined unilaterally and on the basis of the school management’s documents only. The school management is duty bound to provide the mandatory information to the parents under the Maharashtra Educational Institutions Regulation of Fee Act 2011 which include- audit statements, infrastructure, expenditure on administration & maintenance, fund generated from NRI’s & donations, expenditure incurred on students over total income, building rent etc.,
3)
Even though the parents get the copies of the mandatory information with the fee proposal they can ask for the inspection of the original documents to the school management which shall be made available to the parents in the school premises only with prior notice.
4) The school management shall not influence the decision of the PTA-EC.

 

Must Read-Legal Awareness Articles for Common Man as follows-

1) How to File Case Without Lawyer or In Person with Sample Draft
2) Legal Remedy & Complaints Against Police- State Police Complaint Authority
3) Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools
4) How to get Central & State government’s Acts & Rules at One Place
5) How to Check CBSE Affiliation of the School
6) Getting Self Declaration & Audit Statement of School Under RTE Act 2009
7) Case laws & Legal Provisions against Child Harassment
8) Remedy to Stop & Ban Promotional Telemarketing Caller in 9 days-TRAI Facility7
9) The Electricity Act 2003- 15 Days Prior Written Notice Must for disconnecting Electricity
10) The Maharashtra Public Records Act 2005-Important Provisions
11) Implement G.R. banning Compulsion of Stationeries by Schools-Bombay High Court
12) Information Commissioner slaps fine under RTI Act 2005 to Education Ministry
13) The Government blocks Child Rights Panel Functioning With Pre-planned Conspiracy
14) Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005



Discussion of MLA & Minister for fee act amendment can’t be disclosed without permission-Maharashtra Assembly

Discussion of MLA & Minister for fee act amendment can’t be disclosed without permission-Maharashtra Assembly.

In yet another shocking development detrimental to lacs of parents of Maharashtra, the Maharashtra Assembly has refused to provide the information under the Right to Information ACT 2005 about the discussions, suggestions, proceedings & reply given by the Education Minister Shri.Vinod Tawde for the recent amendments approved before the legislative assembly of Maharashtra Education Institutions Regulation of Fee Act 2011. As explained by the organization earlier the amendments are detrimental to the interests of the parents & are extremely pro school as it requires 25% parents mandatory consent to make complaint against the school, recover interest for late fees etc.

The organization has published detailed articles about how the governments belonging to all the political parties have conspired since past 10 years to help private schools loot the parents and commercialize the education. The links of the articles are as follows-
Amendments to Weaken Fee Regulation Acts in Maharashtra since 2010-18
Amendment to weaken Maharashtra Educational Institutions Regulation of Fee Act 2011.

The education activist Shri.Prasad Tulaskar has again exposed the government under the Right to Information Act 2005. The secretary of the Maharashtra Legislative Secretariat has replied under Right to Information Act 2005 that the details of the proceedings, suggestions, discussions and reply given by the education minister Shri.Vinod Tawde cannot be given without the permission of the chairman of the legislative assembly.

Speaking about the issue, Mr.Prasad Tulaskar said ‘The Right to Information Act 2005 puts no such mandatory permission required for the general information. Instead our constitution heavily relies upon the principle of public participation in the law making process. Had it been information about some national or state security issue, i could have understood such permission, but what government is trying to hide by denying the information about the educational law amendments & its discussions by MLA’S & minister? I firmly believe as such information would expose the black face of the politicians hence they have denied me the same. Obviously i would be filing the appeal and other necessary proceedings against such arbitrary and reckless act by the government’.

The copy of the RTI application & reply received by Mr.Tulaskar from the Maharashtra Legislative Assembly Secretariat is as follows-

Discussion of MLA & Minister for fee act amendment can't be disclosed without permission-Maharashtra Assembly
Mr.Tulaskar’s RTI Application for discussions, suggestions, proceedings & reply given by the Education Minister Shri.Vinod Tawade.
Discussion of MLA & Minister for fee act amendment can't be disclosed without permission-Maharashtra Assembly
Discussion of MLA & Minister for fee act amendment can’t be disclosed without permission-Maharashtra Assembly

The organization would be providing all the legal assistance to Mr.Prasad Tulaskar in this matter.

Join us on Facebook & Twitter to get the updates about legal awareness articles for common man & protest movements as follows-
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Must Read-Legal Awareness Articles for Common Man as follows-
1) How to File Case Without Lawyer or In Person with Sample Draft
2) Legal Remedy & Complaints Against Police- State Police Complaint Authority
3) Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools
4) How to get Central & State government’s Acts & Rules at One Place
5) How to Check CBSE Affiliation of the School
6) Getting Self Declaration & Audit Statement of School Under RTE Act 2009
7) Case laws & Legal Provisions against Child Harassment
8) Remedy to Stop & Ban Promotional Telemarketing Caller in 9 days-TRAI Facility7
9) The Electricity Act 2003- 15 Days Prior Written Notice Must for disconnecting Electricity
10) The Maharashtra Public Records Act 2005-Important Provisions
11) Implement G.R. banning Compulsion of Stationeries by Schools-Bombay High Court
12) Information Commissioner slaps fine under RTI Act 2005 to Education Ministry
13) The Government blocks Child Rights Panel Functioning With Pre-planned Conspiracy
14) Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005
15) Supreme Court-Question of Parent Teacher Committee’s Right to Approach DFRC Open

Implement G.R. banning Compulsion of Stationeries by Schools-Bombay High Court

Implement G.R. banning Compulsion of Stationeries by Schools-Bombay High Court-The Nagpur Bench of the Bombay High Court has ordered the state government to implement the government resolution Dtd.11.06.2004 which prohibits the compulsion by the school management to purchase stationeries from specific shops. The court has directed the Dy.Director of Education to implement the government resolution and to see that ‘such instance does not prevail’. The petition was filed by Mr.Sandeep Agrawal on 27.06.2018 through Adv.Radhika Raskar.

The organization has decided to publish this article along with the copy of the court order & also with the government resolution Dtd.11.06.2004 so that the common people who are unable to find these things easily, can download it and use as the reference before the authorities, courts & commissions.

The order of the Nagpur Bench of Bombay High Court is as follows-

Implement G.R. banning Compulsion of Purchase of Stationeries from Specific Shops by Schools-Bombay High Court.
Implement G.R. banning Compulsion of Purchase of Stationeries from Specific Shops by Schools-Bombay High Court Order-Page 1
Implement G.R. banning Compulsion of Purchase of Stationeries from Specific Shops by Schools-Bombay High Court.
Implement G.R. banning Compulsion of Purchase of Stationeries from Specific Shops by Schools-Bombay High Court Order- Page 2

The Government Resolution Dtd.11.06.2004 (Marathi) is as follows- (We are thankful to Smt.Prajakta Pethkar (President, Prajakta Pethkar Education Trust) who has provided copy of this government resolution & has been continuously raising this issue in Pune region).

Maharashtra Government's Resolution (Marathi) Dtd.11.06.2004 banning Compulsory purchase of Stationeries from Specific Shops by Schools.
Maharashtra Government’s Resolution (Marathi) Dtd.11.06.2004 banning Compulsory purchase of Stationeries from Specific Shops by Schools-Page 1
Maharashtra Government's Resolution (Marathi) Dtd.11.06.2004 banning Compulsory purchase of Stationeries from Specific Shops by Schools
Maharashtra Government’s Resolution (Marathi) Dtd.11.06.2004 banning Compulsory purchase of Stationeries from Specific Shops by Schools-Page 2

The English translation in brief of the Marathi Government Resolution Dtd.11.06.2004 is as follows-

The State of Maharashtra vide its notification Dtd.11.06.2004 has declared the compulsion by the schools whether direct or indirect of purchase of the stationeries from particular shop as illegal and has further made provision for the punishments like-cancellation or reduction of grants for granted schools & for private unaided schools punitive provision to declare such school in ‘Blacklist’ is made and also further provisions of banning such institute from receiving any type of concessions whether in term of lands or taxes is also provided. It is further provided boards of CBSE/ICSE boards should also be informed about violations committed by such schools and & if these boards do not take any action, then their ‘No Objection Certificate’ should be cancelled. It is also made mandatory in the same G.R. that the school management must inform the parents any modification in the uniforms & stationeries before at least 1 year.

Read Also

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Must Read-Legal Awareness Articles for Common Man as follows-
1) How to File Case Without Lawyer or In Person with Sample Draft
2) Legal Remedy & Complaints Against Police- State Police Complaint Authority
3) Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools
4) How to get Central & State government’s Acts & Rules at One Place
5) How to Check CBSE Affiliation of the School
6) Getting Self Declaration & Audit Statement of School Under RTE Act 2009
7) Case laws & Legal Provisions against Child Harassment
8) Remedy to Stop & Ban Promotional Telemarketing Caller in 9 days-TRAI Facility7
9) The Electricity Act 2003- 15 Days Prior Written Notice Must for disconnecting Electricity
10) The Maharashtra Public Records Act 2005-Important Provisions
11) Implement G.R. banning Compulsion of Stationeries by Schools-Bombay High Court
12) Information Commissioner slaps fine under RTI Act 2005 to Education Ministry
13) The Government blocks Child Rights Panel Functioning With Pre-planned Conspiracy
14) Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005

Disclaimer- None of the authors, contributors, administrators, or anyone else connected with this website, in any way whatsoever, can be responsible for your use of the information contained in or linked from these web pages. The visitors are advised to take the opinion of their learned counsels before proceeding & relying upon the information above given before approaching any authority, court or commissions.

Amendment to weaken Maharashtra Educational Institutions Regulation of Fee Act 2011.

Exposed with evidence- Grossly School Management Favoring bill presented in Maharashtra Assembly. Government likely to face wrath of the common people.

Amendment to weaken Maharashtra Educational Institutions Regulation of Fee Act 2011-School Management Favoring bill has been presented in Maharashtra Assembly. The Maharashtra Government is likely to face wrath of the common people if it gets approved in both the houses.

Giving the rudest shock to the crores of parents of Maharashtra, an RTI query has revealed that the amendments in the Maharashtra Educational Institutions Regulation of Fee Act 2011 highly favoring the school management have been presented in the legislative assembly of the State of Maharashtra and is likely to cause problems for the government as it is likely to face wrath of the common people if it gets approved in both the houses.

The organization had first published the article earlier based upon the information received from the confidential sources wherein it had been revealed how the ruling party as well as opposition parties kept mum over the ‘silent & secret’ amendments in the Maharashtra Educational Institutions Regulation of Fee Act 2011 probably carried out by the government in the legislative assembly which included the most critical amendment of 25% parent’s mandatory approval for approaching fee regulatory authority (DFRC), recovering interest & fine from the parents for the late payments, scrapping the provision of imposing double of the fine against illegally collected fees from the parents by errant school management etc.

The link of the original article is as follows-

Shocking- Maharashtra government’silently’ brings anti parents amendments in Fee Regulation Act?

However the complete silence & secrecy of the top officials including the Minister of Education  Mr. Vinod Tawde over probable passing of the Maharashtra Educational Institutions Regulation of Fee Act 2011 weakening bill in the assembly had created doubts in the minds of the people whether such amendments have actually being carried out or not. The government agencies and their agents were leaving no attempts to create confusion among the people by spreading rumors that such amendments or proposals have not been carried out at all.

However recent RTI query filed by the education activist Mr.Prasad Tulaskar has revealed, exposed & confirmed the fact that the article published by the organization was true incident and that the Maharashtra Legislative assembly has secretly presented Maharashtra Educational Institutions Regulation of Fee Act 2011 amendment bill on 19th July 2018. The organization has received the copy of the amendment bill presented to the assembly which can be downloaded from the link given below-

Maharashtra Educational Institutions Regulation of Fee Act 2011 Amendment Bill of 2018.Pdf 


The RTI reply shockingly confirms the fact that the proposed Maharashtra Educational Institutions Regulation of Fee Act 2011 amendment bill provisions mentioned in the article are true and that the same is likely to be approved in upcoming session as follows-

Maharashtra Educational Institutions Regulation of Fee Act 2011 Amendment Bill of 2018 RTI Reply
Maharashtra Educational Institutions Regulation of Fee Act 2011 Amendment Bill of 2018 RTI Reply

As the organization has received the copy of the presented bill in Marathi, for the sake of convenience the detailed explanation of the proposed amendments are being explained referring the preamble of the bill presented in the assembly in English as follows-

Maharashtra Educational Institutions Regulation of Fee Act 2011 Amendment Bill of 2018 Preamble Page 1
Maharashtra Educational Institutions Regulation of Fee Act 2011 Amendment Bill of 2018 Preamble Page 1

Continued…

Maharashtra Educational Institutions Regulation of Fee Act 2011 Amendment Bill of 2018 Preamble Page 2
Maharashtra Educational Institutions Regulation of Fee Act 2011 Amendment Bill of 2018 Preamble Page 2

Continued…

Maharashtra Educational Institutions Regulation of Fee Act 2011 Amendment Bill of 2018 Preamble Page 3
Maharashtra Educational Institutions Regulation of Fee Act 2011 Amendment Bill of 2018 Preamble Page 3


The grossly private education institutions favoring features of the presented bill are given as follows-

A. The most criticized declaration of amendment of the Education Minister of 25% parents ‘must approval’ for complaining or challenging the approved fee of the school management before the DFRC or otherwise, has been presented!

B. The Section 16 of the act which provided for the fine of the twice of the illegally collected amount by any school has been proposed to be scrapped! It is pertinent to note that since the act was enacted no fine was imposed by the state government on its own against any errant school till date.

C. One of the most shocking amendment has been presented that the school management shall be eligible to recover the interest & even fine from the parents for delay in the fees!

D. A very shocking & indirect provision has been further presented that if the DFRC approved fees is fixed higher than the fees which school collects as an interim fee owing to the pendency of the DFRC appeal, the school may collect the interest of such an excess fee!

E. The provision has been presented to enable the school managements to declare the fees of the 1st to 5th & 5th to 10th standards altogether.

F. However the proposed bill also empowers the school management to hike the fees overriding the 2 years binding fee clause if the 76% of the parents approve such hike in an extraordinary circumstances! However no such proposal in the bill is given to the parents enabling them right of rolling back the fees if the 76% of the parents pass such resolution. Alas! Parents have not been ‘gifted’ like the school managements in the proposed bill.

G. The provision that there shall be 2 joint secretaries among the parents in the Parent Teacher Association’s Executive Committee has been proposed to be deleted and be replaced with 1 member from the parent & one from the teachers.

However this reckless step on the part of the government has become rude shock to the crores of the parents of the state, as the government had appointed the Justice (Rtd.) Palshikar Committee for the purpose of eliminating the defects in the existing act, on the contrary the government has ‘eliminated’ the parents welfare itself using the committee appointed for the welfare of the parents themselves!

In nutshell it is clear that the government has played foul and broken the trust of crores of parents all over the state. Already a weak law has further been proposed to be made weakest to help the most of the education institutions to achieve their dream goal of absolute commercialization of the education! Yet it is clear that the parents unity, protests campaigns and united social organizations efforts can deter the government to approve this bill in both the houses.

Don’t forget to like, share this article & also join our movement against the corrupt system on Twitter & Facebook Pages as below

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-Adv.Siddharthshankar Sharma
Founder President-Bharatiya Krantikari Sangathan

 

You may be Lawyer, Doctor, Engineer or even an Artist, Turn Your Talent or Passion into Blogging by Building Your Own Website Without the Help of Professional Programmer With Unlimited Earning Options on WordPress which powers 30% of the world websites.

WordPress.com

Must Read-Legal Awareness Articles for Common Man as follows-
1) How to File Case Without Lawyer or In Person with Sample Draft
2) Legal Remedy & Complaints Against Police- State Police Complaint Authority
3) Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools
4) How to get Central & State government’s Acts & Rules at One Place
5) How to Check CBSE Affiliation of the School
6) Getting Self Declaration & Audit Statement of School Under RTE Act 2009
7) Case laws & Legal Provisions against Child Harassment
8) Remedy to Stop & Ban Promotional Telemarketing Caller in 9 days-TRAI Facility7
9) The Electricity Act 2003- 15 Days Prior Written Notice Must for disconnecting Electricity
10) The Maharashtra Public Records Act 2005-Important Provisions
11) Implement G.R. banning Compulsion of Stationeries by Schools-Bombay High Court
12) Information Commissioner slaps fine under RTI Act 2005 to Education Ministry
13) The Government blocks Child Rights Panel Functioning With Pre-planned Conspiracy
14) Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005
15) Supreme Court-Question of Parent Teacher Committee’s Right to Approach DFRC Open

Maharashtra Educational Institutions Regulation of Fees Act 2011 to be weakened?

Shocking- Maharashtra government silently & secretly brings anti parents amendments in Fee Regulation Act in the assembly, likely to face wrath of the parents if the bill gets approved in legislative council too.

Maharashtra Educational Institutions Regulation of Fees Act 2011 to be weakened? The organization has received the information from the confidential sources that the State of Maharashtra has brought anti parents amendments in the Maharashtra Educational Institutions Regulation of Fees Act 2011 in the month of July 2018 & yes it is all done so silently, as per the information received neither the opposition leaders nor the government was bothered to hold any public discussion before passing the bill in the assembly.

As per the information received, the Maharashtra Educational Institutions Regulation of Fees Act 2011 has further been amended to help the educational institutions which would be the real beneficiaries & it seems that the commercialization of the education which is rampant in state of Maharashtra past many years is likely to flourish more than ever after these amendments would actually get approval from the legislative council too.

As per the blog released by the organization earlier it was published that the Maharashtra Educational Institutions Regulation of Fees Act 2011 was enacted by deliberately neglecting the principles laid down in judgments given by the Hon’ble Supreme Court’s constitutional benches famously known as T.M.A.Pai Foundation & later its interpretation given in the P.A.Inamdar’s case. The blog was released in Marathi as the organization aims to create awareness at the grass root level. However the relevant paragraphs of the judgments are copied in English. The link of the blog above referred is as follows-
महाराष्ट्राचा फी नियंत्रण कायदा व सुधारणा…एक अभिशाप…

At present, as per the information received by the confidential sources, the the details of the important anti parent amendments carried out by the government ‘silently’ in the assembly, is as follows-

A. As per the information received the most criticized declaration of amendment of the Education Minister of 25% parents ‘must approval’ for complaining or challenging the approved fee of the school management before the DFRC or otherwise, has been approved!

B. As per the information received the part of the Section 16 of Maharashtra Educational Institutions Regulation of Fees Act 2011 which provided for the fine of the twice of the illegally collected amount by any school has been deleted! It is pertinent to note that since the act was enacted no fine was imposed by the state government on its own against any errant school till date.

C. As per the information received One of the most shocking amendment has been approved that the school shall be eligible to recover the interest from the parents for delay in the fees!

D. As per the information received one of the gift given to the education institutes is given by the government by allowing them fee hike in exceptional conditions if the 76% of the parents give their approval. However no such opportunity is given to the parents, the parents too should have got the equal right that if the 76% of the parents approve, the fee hike of the schools shall be rolled back. But Alas! Parents have not been ‘gifted’ with such amendment by the government.

E. As per the information received the provision that there shall be 2 joint secretaries among the parents in the Parent Teacher Association’s Executive Committee has been deleted and replaced with 1 member from the parent & one from the teachers.

The detailed opinion about the new amendments to the Maharashtra Educational Institutions Regulation of Fees Act 2011 if approved in the legislative council too (as as per the information bill has been passed in assembly) shall be published in detailed blog. However this reckless step on the part of the government has become rude shock to the lacs of the parents of the state, as the government had appointed the Justice (Rtd.) Palshikar Committee for the purpose of eliminating the defects in the present act, on the contrary the government has ‘eliminated’ the parents welfare itself using the committee appointed for the welfare of the parents themselves! This fact was proved by the education activist from the Mumbai Shri.Prasad Tulaskar ji, who received the information under right to information act in the month of April 2018 from the education ministry. As per some media reports the Education Minister had declared that the education department shall be enacting the 25% mandatory approval from the parents of the school to challenge the fees approved by any school. Accordingly Shri.Prasad Tulaskar ji asked the query under the RTI Act 2005 asking details of the authority/recommendation based upon which the Education Minister made such declaration, see the reply in Marathi given by the Education Ministry as follows-
tls

It simply meant that the Education Ministry itself was unaware based upon which expert’s or authority’s  recommendation or suggestion, the minister of the education made such declaration publicly!

In nutshell it is clear that the government has played foul and broken the trust of millions of parents all over the state. Already a weak law has further been made weakest to help the most of the education institutions to achieve their dream goal of absolute commercialization of the education!

Basically it is the state government which has to regulate & control the fees at the initial stages & not by the handful parents ‘picked’ by the lottery system as in the present statute.  Fee regulation needs detailed study of the cost management and accounting, Society Acts etc. The detailed aspect is given in the blogs mentioned in the beginning of this article. Instead of taking the responsibility the government has inflicted it upon the parents & is not letting any chance to the parents to control the issue of exorbitant fees effectively, by bringing such arbitrary and unjust amendments. Thus the government of Maharashtra including the opposition leaders have surrendered to the Education Giants’ ulterior motives of letting them loot the parents freely!

What parents should do-
Spreading awareness & Immediate & decisive protest!
It has become need of the hour. Because in democracy, the issues are solved with the two ways only. Either through protests or by knocking the door of the courts. The organization shall also be examining the legal aspects about this issue & challenging it before the appropriate court if required. Apart from this, parents need themselves to educate about various laws & provisions under the existing statutes. Accordingly, the organization has recently published the detailed article about the legal remedies and strategy parents should follow in Marathi article ( so that it reaches the rural area of Maharashtra too). The link of the same is as follows-

महाराष्ट्र शैक्षणिक संस्था शुल्क विनियमन अधिनियम २०११- तक्रार निवारण मार्गदर्शिका!

I firmly believe that in spite of such arbitrary and detrimental amendments to the interest of the parents, if parents follow the strategy above given, they can get success inflicting fine up to Rupees Ten lacs & Criminal Prosecution against the errant education institutes. The English translation of the article above mentioned shall be published soon.

Don’t forget to like, share this article & also join our movement against the corrupt system on Twitter & Facebook Pages as below

https://www.facebook.com/jaihindbks

https://twitter.com/jaihindbks

-Adv.Siddharthshankar Sharma
Founder President-Bharatiya Krantikari Sangathan

 

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