Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
U. DURGA PRASAD RAO, J.
East Godavari Private Schools Association (Regd. 576/2020), Represented by its President Sri Dasari Durga Srinivasarao – Appellant
Versus
State of Andhra Pradesh Rep. by its Principal Secretary, School Education (IE) Department, Secretariat and three others - Respondents
W.P. Nos.18555, 18831, 18993 and 19145 of 2021
Decided on : 27-12-2021
Constitution of India, 1950 - Article 19(1)(g) - A.P. School Education Regulatory and Monitoring Commission Act, 2019 - Andhra Pradesh School Education Regulatory and Monitoring Commission Act, 2019 - Section 9(ii) - Andhra Pradesh School Education Regulatory and Monitoring Commission Rules, 2020 - Rule 8 - Fee Regulation - Andhra Pradesh School Education Regulatory and Monitoring Commission in its meeting held reviewed and determined fee structure for Nursery to 10th class in private unaided schools in State of A.P. for the block period in terms of Section 9(ii) of Andhra Pradesh School Education Regulatory and Monitoring Commission Act, 2019 - Whether educational institutions are entitled to fix their own fee structure – Held, as rightly pointed out by the petitioners, geographical location alone cannot be taken as a parameter for grouping the educational institutions to fix their fee. On the other hand, to meet the requirements of Rule 8(iv), the Commission after calling for the fee proposals and relevant records from the institutions showing their infrastructural capabilities, has to classify the educational institutions into different categories and then recommend the fee structure for each class basing on their location as well as their category. Thus, different fee has to be fixed for each class of a particular category of school basing on its location. However, impugned G.Os clearly fell foul of the required parameters enshrined in Rule 8 - Added to it, under the impugned G.Os the Government has fixed not only the fee structure but also the transportation charges which do not directly fall within the ambit of the fee. For these gross violations the impugned G.Os are liable to be set aside. It is argued by learned counsel for respondents that in the impugned G.Os, a provision has been created that of the School managements felt that fee fixed in the G.Os is low, they may file a proposal before the Commission for its consideration which has to be disposed of within three months and in view of the availability of the efficacious and alternative remedy, the writ petitions are liable to be dismissed in limini - Court afraid this argument cannot be appreciated for the reason that Act 19 of 2019 and its Rules have not laid down any provision for post-fixation reconsideration - Writ Petitions allowed.
ORDER :
The petitioners in this batch of writ petitions are different Private Unaided School Associations, Junior College Management Associations, Junior Colleges and High Schools. In these writ petitions they are challenging the propriety and legality of G.O.Ms.No.53, School Education (PS) Department, dated 24.08.2021 and G.O.Ms.No.54, School Education (IE.A2) Department, dated 24.08.2021.
2. Briefly stating, G.O.Ms.No.53 spells out that the Andhra Pradesh School Education Regulatory and Monitoring Commission (for short, ‘the APSERMC) in its meeting held on 24.04.2021 reviewed and determined the fee structure for Nursery to 10th class in private unaided schools in the State of A.P. for the block period 20212022 to 2023-2024 in terms of Section 9(ii) of the Andhra Pradesh School Education Regulatory and Monitoring Commission Act, 2019 (for short, ‘the Act 21 of 2019’) by considering the plight of common man/parents and also keeping in view the judgment of the Hon’ble Apex Court in the case of TMA Pai Foundation v. State of Karnataka, (2002) 8 SCC 481, Islamic Academy of Education v. State of Karnataka, MANU/SC/0580/2003 and Modern School v. Union of India, MANU/SC/042/2004 = AIR 2004 SC 2236 and other judgments and forwarded its recommendations to the Government regarding fee structure for Nursery to 10th class of private unaided schools in the State of A.P. for the aforesaid block period. Pursuant thereof the Government of A.P. issued the notification by fixing the Composite Tuition/Annual Fee for schools collectible in three equal instalments by dividing schools location wise i.e., Gram Panchayats, Municipalities and Municipal Corporations. The fee structure is prescribed as per the location of the school and class wise. The G.O. inter alia reads about the Transportation charges and Hostel (Boarding and Lodging) charges etc.
(a) Whereas, the G.O.Ms.No.54 would depict that the APSERMC in its meeting held on 03.03.2021 reviewed and determined the fee structure of two years Intermediate course of private unaided junior colleges in the State of A.P. for block period 2021-2022 to 2023-2024 and made recommendations to the Government of A.P. and accordingly, the Government have issued notification in exercise of the powers conferred under Section 7 of the Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983 (Act 5 of 1983) [for short, ‘Capitation Fee Act, 1983’]. Like in the earlier G.O., the Composite Tuition/Annual Fee of junior colleges is fixed basing on the location of the junior colleges in Gram Panchayats, Municipalities and Municipal Corporations. This G.O. also inter alia deals with the Transportation charges, Hostel (Boarding and Lodging) charges, maintenance of accounts etc.
3. The legality and validity of the above G.O.s is challenged in these writ petitions.
(b) The petitioner in W.P.No.18993/2021 is an Association of Independent Schools Management. Its case is that its member schools are imparting elementary and secondary education by affiliating themselves with CBSE and ICSE. Their schools are different from the regular schools and other public or private aided or unaided institutions either in composition, infrastructure facilities or teaching methodology. Some of their schools are offering various international curriculums like International General Certificate of secondary education, Cambridge (IGCSE) and International Baccalaureate Program (IBP), Geneva to commensurate with the international standards. Their schools have state of art indoor and outdoor amenities, digital classrooms, learning resource centres with extensive collection of books, DVDs, audio-v
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
