KOCHI: Expressing concern over the unreasonably high fees levied by several private schools, the Kerala High Court has held the state government has the power to regulate the fees collected by educational institutions. The court asked the government to determine the modalities for such regulations. The court issued the order on a petition filed by five students of Sri Sri Ravi Shankar Vidhya Mandir, Panangad, Ernakulam, challenging their expulsion from the school. The expelled students are the children of the previous year’s office-bearers of the Parents Teachers Association. Their parents had protested against the fees hike. The rift between the parents and the school authorities led to the expulsion of the students.
The court verdict pointed out there was no mechanism in the state to address the complaints regarding fees hike. Education is a charitable activity and, both the provider and the beneficiary should keep this in mind. “There cannot be any element of profit except for the further development of the school infrastructure. If there had been any mechanism to address the issue regarding fee hike, it might not have boiled up to this level,” the court observed.
It was for the state to curb the tendency by evolving a mechanism to regulate the fee structure. No court can determine the fee that can be collected by the school authorities. “It has to be determined based on the facilities and infrastructure provided by each institution. The absence of law results in chaos and lawlessness,” the court stated.
According to the court, the state has necessary legislative power under the Constitution to make laws pertaining to education. It includes the power to regulate the fees levied by the educational institutions.
The parents of the students submitted they were willing to pay the fees leviable by the school. Recording the submissions the court directed the school authorities to readmit the students immediately. The court reminded if the issues regarding fee hike arise, the remedy for the parents was not to resort to ‘dharna’ or creating a ruckus on the school premises.