Fayaz Bukhari
SRINAGAR, July 12: The circular issued by the Committee for Fixation of Fee Structure of Private Educational Institutions has asked the private schools of the State to follow the Supreme Court guidelines under which imparting of education has been declared charitable in nature and surplus amount generated to be used for the betterment of the institute and not for personal gain or diverted to other businesses.
Chairman of the Committee for Fixation of Fee Structure of Private Educational Institutions, Justice (retd) Bilal Nazki has asked the private schools across the State to get their fee structure approved from the Committee as per the Supreme Court guidelines.
The Committee has directed the private schools of the State to submit the proposed fee structure for new academic session before the committee within 15 days.
Quoting Supreme Court ruling on the free structure in private schools, Justice Nazki in a circular has said: “In the light of this judgement, it is imperative for all Private Educational Institutions in the State to submit the proposed fee structure for approval before the Committee.”
“It is also clear from the judgment that although educational institutions are free to fix their fee structure yet they can’t have a fee structure without approval of the Committee”, the circular revealed.
The private schools have been asked to submit the details of the infrastructure of the school and facilities they offer to the students. They have been asked to submit the fee details charged from the students, like amount charged at the stage of admission, fee per month of each class and bus charges. As per the guidelines, the schools have to justify their fee structure as per their infrastructure.
They have also been asked to submit the details regarding the qualification of the teachers and salaries that are paid to them.They have been asked to disclose the financial sources, property owned by school and the buses owned or leased by the school.
Around 5000 private schools across the State will not be allowed to introduce any hike in their fee structure from next academic session without prior permission from the Committee. The next academic session starts in autumn in Kashmir valley and summer in Jammu division.
Justice Nazki said that the Supreme Court had issued clear guidelines on the free structure by private schools. The committee has incorporated most of the guidelines issued by the Apex Court in its circular.
The Supreme Court judgement in the case of Islamic Academy of Education Versus State of Karnataka reported in 2003 laid down the guidelines that brought major relief to thousands of parents across the country.
The Supreme Court had categorically stated that private unaided schools do not have the right to hike fees.
The Supreme Court guidelines state: “The fee structure for each institute must be fixed keeping in mind the infrastructure and facilities available, the investments made, the salaries paid to the teachers and staff and future plans of expansion for the betterment of the institute.”
The SC guidelines say that profiteering and capitation fee can’t be charged and emphasized that imparting of education is essentially charitable in nature. And the surplus amount generated must be used for the betterment of the institute and not used for personal gain or diverted to other businesses.
The Fixation of Fee Structure Committee headed by Justice (rtd.) Nazki was constituted in May this year by the Education Department following a direction from the High Court. Nazki, who had served as Chief Justice of Orissa High Court was nominated as the head of Committee by Chief Justice of High Court, Justice M M Kumar.
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