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Amalorpavam Higher Secondary School v. Union of India and Ors. - (High Court of Madras) (29 Feb 2016)

Government cannot fix fees for unaided private schools



Constitution of a Fee Committee to fix and collect fees in private schools unaided by government funds is beyond the powers of the government of Puducherry. The Madras High Court was unequivocal in its determination that such was "illegal, invalid and unenforceable endeavour", while noting the virtues of the Petitioner-school that had managed to provide adequate educations facilities and faculty to middle and lower-middle income students despite charging only nominal fee and not receiving aid from the government. The government sought to confer power and authority on itself by the Puducherry School Education (Amendment) Rules, 2014 and Puducherry School Education Act, 1987 to regulate different stages of education and courses of instruction, and various aspects of regulations in the field of education, including permission to establish a school, its recognition, withdrawal of recognition and fee. The authorities are also conferred with the power of conducting audit and to maintain financial control.

Relevant : Union of India v. S. Srinivasan MANU/SC/0496/2012 State of Kerala vs. K.M. Charia Abdullah and Co. MANU/SC/0265/1964


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