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-
https://www.facebook.com/jaihindbks       
https://twitter.com/jaihindbks

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

Amendments to Weaken Fee Regulation Acts in Maharashtra since 2010-18

Exposed with evidences- How Maharashtra government has been conspiring to help private schools with amendments & provisions which ultimately getting set aside in courts of law along with model draft for the fee regulation.

Amendments to Weaken Fee Regulation Acts in Maharashtra since 2010-18 While the State of Maharashtra is witnessing outrage from the parents all over the state against its planned amendment which is likely to further weaken the Maharashtra Educational Institutions Regulation of Fee Act 2011, i have with my limited knowledge researched and discovered yet another shocking fact which would reveal the mockery of educational laws by the governments in Maharashtra since the year 2010 to 2018 of the fee regulation laws.

I have also suggested my own draft model for the statute or amendment briefly and in simple language so that common people would understand how governments conspire to undermine the public welfare and I hope after publishing this article they would start questioning politicians about this issue in the State of Maharashtra which should put maximum pressure on them and they would think thousand times before planning such conspiracies explained below. Needless to say, it is clear that all the political parties have been doing such conspiracies since past many years in the State of Maharashtra.

This article will deal with-
  • How government of Maharashtra has conspired to help private schools in the guise of bringing fee regulation act.
  • How the state government has been with preplanned conspiracy bringing strong fee regulatory provisions provided it would surely get set aside before the competent courts ultimately helping the private schools.
  • What should be the effective model draft for amendment or act for regulation of the fee for the State of Maharashtra? 

 

The strong Government Resolutions regulating the exorbitant fees brought in the year 2010-

It is pertinent to note that the Maharashtra government as per the recommendation of the Smt.Kumud Bansal Committee (Like Rtd.Justice Palshikar Committee was appointed recently for Fee Regulation Act 2011, in the same way Smt.Kumud Bansal was appointed then) through its government resolution Dtd.15.07.2010 which had made very strong provisions & fee regulation mechanism to regulate the fees effectively. The some important features of these government resolution Dtd.15.07.2010 were as follows-

  • That the school management shall fix the fees as per the Objective Parameters.
  • That the schools shall be allowed reasonable surplus but the same shall not exceed 6% at any cost.
  • That the school managements will not be allowed to uncontrolled sources of income and that rents received from halls, & grounds, interest received from the deposit of the banks etc.
  • The school management shall put all the income & expenditure information before the Parent Teacher Association & maintain complete transparency over it.
  • The school management shall only collect the fees for ‘Approved List of Expenditure’ & not otherwise except in few circumstances.
  • The fee shall be fixed according to the ‘Annual Expenditure’ from ‘Approved List of Expenditure’ &  further shall be divided per student for the ‘Primary’ ‘Secondary’ & ‘Higher Secondary’ categories.
  • Thereafter the fees shall be further calculated on monthly, quarterly or yearly basis and parents shall be allowed to pay accordingly.
  • The projects influencing the fee of the school directly should be considered for the next 5 years only.
  • The projects influencing the fees of the school should be planned with reasonable profit and must be beneficial to all the students’ interest.
  • Even for fixing the fees considering projects influencing the fees for next five years, the fees shall be calculated & divided year wise required for the projects & it shall be considered only for that particular academic year only.
  • Also for such projects influencing the fees, the school management shall also consider the other sources it has to mete the expenses for such projects.
  • Most Important- Fee Regulatory Mechanism-The PTA & PTA-EC shall have the effective role in fixation of the fees-The Parent Teachers Association (PTA) shall be formed 30 days after the commencement of the academic year and Parent Teacher Association-Executive Committee (PTA-EC) shall be formed within 2 weeks thereafter with democratic way.
  • The fee proposal shall be put before the PTA-EC which shall record objections if any, thereafter the school management shall be duty bound to send the same for the approval along with the approval or objection remarks of the PTA-EC to the District Education Officer or Dy.Director of Education.
  • The District Education Officer or Dy.Director of Education shall get the such fee proposal examined from the Auditor within 15 days and it shall again be submitted before the final approval before the committee headed by the Dy.Director of Education. After the approval the fees shall be binding for 3 academic years. Even after the approval of the fees from the committee, it shall decide the complaints against the fee issues by the parents on priority basis.
  • The school management can appeal against the decision of the committee before the ‘State Committee’ headed by the Director of the Education, within 30 days of the Dy.Director of Education’s Committee, the State Committee shall decide the matter within 45 days thereafter.
  •  The decision of the Director of Education’s committee shall be binding on the schools & if the schools charge excessive fees against the decision of the Director of Education’s Committee or otherwise, provision was made to withdraw its No Objection Certificate and also for recommendation to cancel its affiliation from the concerned boards was also made.

The copy of the Marathi government resolution Dtd.15.07.2010 can be viewed and downloaded from following link-
Click To Download- The State of Maharashtra Resolution Dtd.15.07.2010 for Fee Regulation (Marathi)

Amendments to Weaken Fee Regulation Acts in Maharashtra since 2010-18

The most important difference between Government Resolutions of 2010 & the present Maharashtra Educational Institutions Regulation of Fee Act 2011-

It could easily be seen that the most important differences between the government resolution of 2010 & the present Fee Regulation Act 2011 are-

  • The PTA-EC was elected with democratic manner according to the resolution of the 2010 than lottery draw manner in the present law. Thus the parents which were active about spreading the awareness among the parents could get elected with democratic way easily. However by bringing the lottery system with preplanned conspiracy the government has deliberately closed the doors of the ‘Active Parents’ in the fee regulation mechanism.
  • Every PTA i.e. every parent of the school had right to complaint against the fee approved even if it was approved by the PTA-EC or even the government’s committee under the resolution of 2010 however the same has been denied to any member of the PTA in the present Fee Regulation Act of 2011. The government is on the contrary planning to bring amendment that 25% parents must consent together to make any complaint against the fee fixed by the school management or otherwise!
  • The another Most Important fact was that the concept of Rejection of Post Audit  in P.A.Inamdar’s case as declared by Hon’ble Supreme Court of India was very well protected under the resolution of 2010 as the provision was made that the fee proposal of the school management shall be scrutinized by the state government through Auditor first and then it shall be considered by the government committees for decision over approval.
  • However in the present Fee Regulation Act of 2011 the very concept of Rejection of the Post Audit has been demolished as there is no intervention by the state government for conducting the audit of the fees at initial stages. That responsibility, government has shamelessly put on handful lottery elected parents who do not know mostly about the audit system at all.
  • The another important aspect was under the resolution of 2010 it was provided that the State Government shall play main role in regulation of the fees from the initial stages of fee fixation itself. The school could not evade its duty to provide all the income-expenditure information to the government authorities before fixing the fees.
  • However under the present Fee Regulation Act of 2011 the DFRC comes into the picture only when the dispute has already arisen and the school fixes its fee as per its whims and fancies. There is no effective mechanism to get the necessary documents from the school management under the Fee Regulation Act of 2011 especially when the PTA-EC has been made toothless by lottery system & further without any representation of the state government.
  • The fee once decided was binding for 3 years under the resolution of the 2010 than 2 years under the existing Fee Regulation Act of 2011.
The Hon’ble Bombay High Court Set aside notification Dtd.15.07.2010-

The Hon’ble Bombay High Court in Writ Petition Number 1876 of 2010 which was filed by the private school associations declared the government resolution Dtd.15.07.2010. The perusal of the judgement, as per my opinion, clearly declares the reason for declaring the government resolution unconstitutional is because these resolutions were brought into the existence under article 162 of the constitution i.e. through administrative order from the Governor and not through the legal enactment from the legislature. Thus the Hon’ble Bombay High Court quashed the government resolution on procedural & technical aspect only as it upheld that the government resolution Dtd.15.07.2010 encroaches the fundamental right of the private schools thought the administrative order of the Governor of the state,  the state can not do such things through administrative order, instead such reasonable restrictions should be imposed by the state through legislation only which is not done by the state government.

The order given by the Hon’ble Bombay High Court above mentioned can be viewed & downloaded from the following link-

Click To Download Writ Petition (L) No. 1876 Of 2010 Association of International Schools & Principals Foundation Vs The State Of Maharashtra

Amendments to Weaken Fee Regulation Acts in Maharashtra since 2010-18

Thus what state government was required to do is simply bring the law from the legislature or mere make sure that these provisions were in accordance & in relation to the Maharashtra Education Institutions Prohibition of Capitation Act 1987 yet instead of doing so it has brought the school favoring Fee Regulation Act 2011 into the existence to help the private schools to commercialize the school education of Maharashtra. 

Will any citizen of this country would ever believe that the state government which has so many legal & education experts available at its various panels did not know about such big blunder it had committed which even a prudent law student could have pointed out?

What should be the model draft for amendment or act for regulation of the fee for the State of Maharashtra?

This has been made one of the most controversial topic in the state now days. More unguided & unprofessional discussions has made the issue more complex. The common people are confused as to what should they recommend to the government and what amendments they should make to the government.

The common people fearing not knowing the law & its complexities fear to make suggestions and even if it is made most are found not relevant or logical too. Under such circumstances people leave the issue to be decided by the handful people whom they think know better than them which results into the further damages.

However i believe after reading the above information, any prudent man should have got the exact picture what blunder & conspiracy is being committed by the state government to help private schools and further to commercialize the education completely. i also believe that common people if study this article & other articles given on the website well, they can argue professionally even before the minister of education &  the legal experts too.

Hence with the purpose of making the issue simpler, understandable to the common people, to make the common people come forward, make them their own leaders, i think, henceforth the people of the state should demand to their local leaders to make following amendments or demand to bring whole law altogether for regulation of fees with following provisions –

Model Draft for the Fee Regulation Act 2011
  1. The PTA should be formed within 30 days after the commencement of the academic year.
  2. The PTA-EC should be formed within 15 day from formation of the PTA.
  3. The invitations, elections process should be video recorded and be made available to every parents in addition to posting the same on the website of the school.
  4. The members of PTA-EC should be elected democratically than with lottery system.
  5. That the school management, at the very beginning  should submit their fee proposals to the government appointed committees than to the PTA-EC.
  6. That PTA-EC should be given representation too before such government appointed committees while school proposes their fee before such committees.
  7. The Committee of the government should be headed by the retired High Court judges or retired members of the judiciary only & not by the officers of the education department.
  8. The Committee should consist of auditors, chartered accountants, expert from cost & management etc.
  9. Even if the fees are approved by the PTA-EC, or even the government appointed Committee, any parent of the school still must have right to complaint and same should be disposed off as expeditiously as possible. To prevent the (so called though) abuse from the parents, the time limit of 30 days to complain after the approval of the fees can be made.
  10. That the schools shall be allowed reasonable surplus but the same shall not exceed 6% at any cost.
  11. That the school managements will not be allowed to uncontrolled sources of income and that rents received from renting halls,grounds & interest received from the deposit of the banks etc & all the income and expenditure report of the school management must be made available on their websites.
  12. The projects influencing the fee of the school directly should be considered for the next 5 years only. Even for fixing the fees considering projects influencing the fees for next five years, the fees shall be calculated & divided year wise required for the projects & it shall be considered only for that particular academic year only.
  13. The collection of illegal, excessive & capitation fees should be made cognizable & non bailable offence and no sanction/permission of any authority should be made necessary for initiation of such criminal prosecution.
  14. That the harassment or expulsion of the children for non payment of the fees should be prohibited and made cognizable & non bailable offence and no sanction/permission of any authority should be made necessary for initiation of such criminal prosecution.

I firmly believe this article if read properly by common people would make them aware of their own rights, would boost their morale to participate, say or even argue before legal experts in the law making process, protest against unjust provisions of the law with their own studies.

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

 

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

 

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.

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

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

https://www.facebook.com/jaihindbks

https://twitter.com/jaihindbks

-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

 

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

 

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.

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