Karnataka Govt Proposes To Constitute High Powered Committee To Examine School Fees

The State Government has sought permission from the Karnataka High Court to constitute a High Powered Committee which would amongst other things go into the matter of fixation of fee and other incidental matters for the academic year 2021-22.

In its application, the state has contended that the second wave of Covid-19 pandemic has hit much harder making the situation more grimmer. "We are still in the middle of the crisis and cannot predict what is yet to come. The Education system has to thrive to survive amidst this severe crisis. For the academic year 2021-22, various representations have been made by the Parents Association to the Hon'ble Chief Minister and the Hon'ble Education Minister seeking reduction in the payment of School fees."

It adds "The State Government without prejudice to the rights of the parties in the above Writ Petition, pending adjudication, has proposed to constitute a Committee chaired by retired Judge of High Court which would recommendatory in the nature; eliciting the views of the parents, management and all the stakeholders to resolve the fee crisis which has created a deadlock in the matter."

It is stated in the application that "The Hon'ble Supreme Court in the case of Islamic Academy of Education and another .Vs. State of Karnataka and others reported in (2003)6 SCC 697 has directed the State Government in order to give effect to the Judgment in TMA Pai Case, the Hon'ble Court directed each State to set up a Committee headed by retired High Court Judge, decide the fees proposed by the Institutions. The Committee shall decide whether the Institutions are justified in collecting such fee and not profeterring or charging capitation fee. In view of the above decisions rendered by the Hon'ble Supreme Court and Pandemic situation, the State Government proposes to constitute a similar Committee to go into issues relating to the fees for the academic year 2021-22.

A Single bench of Sachin Shankar Magadum has directed the petitioners to file their reply to the application on the next date of hearing June 29. The direction was given during the hearing of a batch of petitions filed challenging the government order dated January 29, asking all private unaided schools including those affiliated to ICSE and CBSE boards to collect only 70 percent of the tuition fees, collected in 2019-20 for the academic year 2020-2021.

By way of an interim order dated March 9, the high court has directed the State Authorities not to take coercive steps against ICSE and CBSE Schools. However, the court also suggested the management of schools to consider the individual grievances of the parents by not insisting upon full payment of Schools fees in the light of genuine grievances raised by the parents.