The long-drawn stalemate between parents and private schools over fees is likely to see a breakthrough as the state government is mulling an ordinance as early as next month empowering officials to deal with such conflicts.
School education minister Varsha Gaikwad told TOI that under the Maharashtra Educational Institutions (Regulation of Fee) Act, the state does not have the power to interfere. “A file has been put up to see what changes can be made and we may take the ordinance route for now. It may come up in the next cabinet meet itself,” she said.
Questions are being raised about why the BJP-led government, which passed the law in 2018, did not solve the fees issue. Former school education minister Vinod Tawde said it would have been legally untenable. “There was no provision through which private school fees can be dictated by the state,” he said.
The state has realised it legally cannot dictate schools to lower or waive fees of students, hence the process of considering changes started. Moreover, a key committee, the Divisional Fee Regulatory Committee (DFRC), was not operational for over a year, during which parents and schools clashed over fees before public representatives, education officials and even the judiciary.
Gaikwad did not reveal whether the proposed ordinance aims to empower the government to cap fees or waive it. “I don’t think the government will do that as it will be challenged in court. In Mumbai, children of rich families attend these high-end schools and if their fees are capped, the schools will be severely hit financially. Every school’s fee is a result of its own infrastructure and popularity. Maybe the ordinance will give us power to adjudicate to some extent in fee disputes,” said a senior education official, who did not wish to be identified.
According to Constitutional experts, an ordinance is the quickest route for the government. Former state attorney-general and senior advocate Shreehari Aney said: “The cabinet can pass the ordinance but it will have to be approved by the governor. Once approved, it’s valid for six months and can be extended.”
Gaikwad said: “If an amendment in the law is to be done, we can look into it during the next sitting of the legislature.”
