Bombay High Court Asks State Board to Consider Refund of Class 10 & 12 Examination Fee

The Bombay High Court on Thursday asked the Chairman of the Maharashtra State Board of Secondary & Higher Secondary Education to consider a representation seeking refund of class X and XII board examination fees, in view of the cancellation of the examinations this year due to COVID19 pandemic.

A division bench of Chief Justice Dipankar Datta and GS Kulkarni disposed of a PIL by an 80-year-old retired school principal - Pratapsing Chopadar - from Sangli. He contended that for innumerable families shelling out Rs. 415 and Rs. 520 for class X and Class XII exams, respectively, was an ordeal.

Moreover, not refunding the fee would be an "unjust enrichment" of approximately Rs. 150 crores to the state body, the petitioner submitted through his counsel Manoj Shirsat, assisted by advocate Padmanabh Pise.

"Even in prevailing Covid-19 since March 2020, many parents are facing more financial difficulties. Despite this, parents have deposited the fees. In such a situation the board should decide on returning the fees," the petitioner said in his representation to the Chairman on June 22.

Shirsat pointed out that his client had received no response to this letter. Sixteen lakh SSC students and 14 lakh HSC students had enrolled for the examination. One of the needy families also filed an intervention in the PIL, he said.

Opposing the PIL, State's advocate Bhupesh Samant said the fees were nominal, and steps had been taken for internal assessment. He argued that they would have incurred expenses in alternate assessment, as well.

Shirsat countered the argument by saying the schools were tasked with the responsibility of internal assessment and sending the results to the board. He added that significant funds were saved from question paper printing.

After hearing both parties, the bench asked the Chairman to consider the petitioner's representation and pass a reasoned order in case he decides to refuse the refund within 4 weeks.

"In our considered view, no purpose is served keeping the matter pending. The interest of Justice would be sufficiently served if the Chairman of the board proceeds to consider the representation. In the event, the prayer cannot be accepted, a reasoned order may be passed… If indeed the concern appears to the Chairman to be of substance, we hope and trust that the Chairman shall pass appropriate orders to refund the fees or part of it."