The establishment of a Fee Regulatory Committee is essential for the lawful regulation of school fees in CBSE affiliated institutions, ensuring compliance with the Right to Education Act.

ORDER

Dated this the 11 th day of April 2023 S.MANIKUMAR, C.J.

This review petition is filed by the Manager of St.Mary’s Residential Central School, Poojappura, Thiruvananthapuram, seeking to review the judgment dated 17.3.2023 in W .P .(C)No.26744/2016.

2. Writ petition was filed with a prayer to issue a direction to the third respondent – State of Kerala to constitute a statutory forum to fix the fees structure in the CBSE affiliated schools in the State of Kerala. Writ petition was disposed of recording the submission of the learned Government Pleader that the Fee Regulatory Committee would be constituted within three weeks from today. According to the review petitioner, there occurred an apparent error on the face of the judgment warranting review of the judgment as the prayer sought for in the writ petition itself is contrary to the settled legal principle declared by the Hon’ble Supreme Court.

3. Mr.K.P .Harish, learned Senior Government Pleader, on instructions from the competent authority, submitted that Fee Regulatory Committee has been constituted, subject to the ratification of the Government. Guidelines framed for setting up Fee Regulatory Committee and Fixing the Fee in CBSE, ICSE affiliated schools and Unaided Schools in the State following Kerala State Syllabus, produced before this court, reads thus: GUIDELINES FOR SETTING UP OF FEE REGULATORY COMMITTEE AND FIXING THE FEE IN CBSE, ICSE AFFILIATED SCHOOLS AND UNAIDED SCHOOLS IN THE STATE FOLLOWING KERALA STATE SYLLABUS Introduction

1. The Hon'ble High Court in its judgment dated 21/02/2023 in WP(C) 26744/2016 has directed the Director of General Education to constitute a fee regulatory committee, a statutory forum to fix the fee structure in CBSE affiliated schools in the State of Kerala. Invoking the provisions of RTE Act 2009 and affiliation bye laws of CBSE, the General Education department has already issued guidelines for grant of No Objection Certificate to CBŞE, ICSE affiliated schools and unaided schools in the state following Kerala State syllabus in which the provisions like fee charges and yearly return on fee charged is incorporated.

In compliance of the Hon'ble High Court judgment, it is necessary to issue a common framework for regulation of fees not only in CBSE schools but also in ICSE affiliated schools and unaided schools in the state following Kerala state syllabus.

2. Applicability This guideline shall apply to all unaided schools functioning within the state and coming under Section 2(n)(iv) of RTE Act, 2009. The fees structure will apply for classes from the entry level to the last higher class of the school.

3. Three - tier Fee Regulatory mechanism A three - tier fee regulatory committee is to be constituted for the purpose of regulation of school fees in unaided schools. There shall be a school level fee regulatory committee formed in each school, a district level fee regulatory committee constituted at each revenue district and a state level fee regulatory committee at the state level.

Inorder to ensure parental representation in the school level fee regulatory committee every school shall constitute a parent teacher association (PTA) within one month of the beginning of the academic year.

4. Composition and powers of fee regulatory committees

4.1. School Level Fee Regulatory Committee:

4.1.(a) Composition

The school level fee regulatory committee shall consist of (i) Manager / A representative of the school management – Chairperson.

(ii) The Principal of the school – Secretary (iii)Two teachers nominated by the staff council- Members (iv)Three parent representatives nominated by the PTA -Members The list of members of the school level fee regulatory committee shall be displayed on the school notice board within a period of 15 days from the formation of the school level committee and a copy shall be forwarded to the concerned Deputy Director of Education. The school level fee regulatory committee shall be formed within 45 days from the formation of PT