Orders return of such amounts collected from parents
Irfan Tramboo
Srinagar, Aug 12: Committee for Fixation and Regulation of Fee of Private Schools, J&K (FFRC) today said that the private schools were putting a price tag on the school seat being sold to the parents while stating that charging admission fee was akin to commercializing education and termed illegal.
While taking note of the complaints regarding private schools charging the admission fee from the parents, FFRC also directed a private school in Budgam to return the amount collected from several parents.
The FFRC in an order issued here said that the Government Order No.228-Edu of 2020 dated 18.09.2020 clarify that the School shall not charge in any manner, any other fee including Admission Fee other than the fee mentioned in the Order No.01-FFC of 2019 dated 28.01.2019.
The Government Order No.228-Edu of 2020 dated 18.09.2020, FFRC said, further reveals that the communication dated 15.09.2020 was sent by FFC to Principal Secretary to Government School Education Department, wherein a request was made that Private Educational Institutions be directed not to charge Admission Fee in violation of the order of FFC, High Court/Government.
“The Principal Secretary to Government School Education Department also referred to Section – 13 of Right to Free and Compulsory Education Act’ 2009, which prohibits charging of capitation fee and which was made applicable to Union Territory of Jammu and Kashmir on 31st Oct’ 2019,” the order issued by the Chairperson, FFRC, Justice Muzaffar Hussain Attar stated.
The Committee has directed the management of Foundation World School, Humhama Srinagar to return the sum to the complainant including others and has also sought a compliance report in this regard.
“The Principal/ Chairperson/ Vice-Chairperson/ Trustees of the Foundation World School, Humhama/ Mammath, Budgam, are directed to return and refund amount of Rs. 50,000 to complainant, Suhail Dar and all other parents from whom Admission Fee has been charged and collected within fifteen (15) days and submit a compliance report,” the order reads.
The Justice said that the School Management has admitted that Admission Fee was received from the complainant, Suhail Dar on 13.05.2019 and justified its action on the ground that same was received before 31.10.2019, on which date the Right to Free and Compulsory Education Act’ 2009 was made applicable to Union Territory of Jammu and Kashmir.
It said that the Supreme Court has consistently prohibited charging of capitation fee which is akin and similar to Admission Fee.
“Carrying out the mandate of the Supreme Court, the Committee for Fixation of Fee of Private Schools, J&K (FFC), as it was known then, vide Order No.01-FFC of 2019 dated 28.01.2019 restrained Private Educational Institutions from charging Admission Fee,” the FFRC said.
The Justice Attar underlined that charging and collection of Admission Fee becomes fountain-head of commercialization of education, “in as much as, the School Management, when it asks for Admission Fee, literally puts the price tag on the school seat and sells the same to a parent.”
He said that the Admission Fee which has been admittedly charged and collected from the complainant and other parents “is an illegal act and retention of such money cannot be justified in law, as laws stand by truth and justice.”
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