The Bombay Supreme Court refused to intervene in key petitions associated with the state’s to allow private schools to participate in raising tuition fees during the school year following the 2020-2021 pandemic.
In petitions, the state government declared that all education institutions must comply with the payment structure for the school year 2020-2021 in accordance with the amended provisions of the Law of 2011 and that the payment structure was adopted and implemented prior to the effect of GR.
Attorney General Anil Anturkar on behalf of the state presented to the court two main arguments:
1 That the GR prohibiting an increase in tuition fees in the 2020-2021 academic year will apply in the long term
2 Provisions of the 2018 amendments the law will not apply if fees have been approved or the approval process has begun.
Using section 10 of the amending law, the court ruled that the tax increase in some institutions could be reduced.
Therefore, the court allowed the state to resolve the complaints.
The court also clarified that in the event that the state receives any complaint against an educational institution, then that institution should not restrict any student to attend online or physical classes or attend examination if the increased fee is not paid for the academic year 2020- 2021 or retain those students results.
The GR deadline was left open by the court.
The court also noted that GR cannot be regarded as an address to reimburse fees charged for academic year 2020-21.
All the right and dispute about the power of the state to investigate violations of the law open.
The Court also issued an order suspending the powers imposed on GR in June 2020.