PSAJK hails Supreme Court judgment ‘upholding autonomy of private schools’

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Srinagar, May 4: Private Schools Association of Jammu and Kashmir (PSAJK) has hailed Supreme Court judgment whereby it has held that States can not impinge on the autonomy of private unaided colleges to repair and accumulate ‘just’ and ‘permissible’ faculty charges from mother and father, particularly within the title of the pandemic.

The Association stated that the judgment is the vindication of the stand of colleges the place they’ve been offering high quality training in lieu of a justifiable price. “It is a welcome judgment wherein the Supreme Court has protected our rights and autonomy. In a place like Kashmir, Private Schools have been a shining example of success stories. These schools came to the rescue of education sector and the society in whole at a time when the entire education sector had collapsed. With their dedication and hardwork Private Schools were instrumental in shaping lives of lakhs of students for better,” stated G N Var president PSAJK, as per a press release issued to Srinagar-based information company Global News Service (GNS). “However over the last few years private schools had to endure interference from different quarters thus affecting their work. Be it administration, police or any other department everyone had been dictating terms to the schools which was not according to any law or rule. The work of private schools had hugely suffered due to this illegal interference.”

The Association stated that it’s a good factor that Supreme Court had taken word of such rights violations of private colleges and it’ll assist the colleges to concentrate on training and additional enhance their requirements. “In the judgement Schools have been asked to desist from unnecessary profiteering. We too believe in the same and will always work towards the mutual benefit of all stakeholders including the parents of students,” stated Var.

Pertinently safeguarding the autonomy colleges a Bench of Justices A.M. Khanwilkar and Dinesh Maheshwari stated in a 128-page judgment, “It is one thing to say the State may regulate the fee structure of private unaided schools to ensure that the school management does not indulge in profiteering and commercialisation, but in the guise of exercise of that power, it cannot transcend the line of regulation and impinge upon the autonomy of the school to fix and collect ‘just’ and ‘permissible’ school fees from its students.”

The judgment had come on the idea of a sequence of appeals filed by private unaided colleges in Rajasthan in opposition to authorities notifications to defer assortment of charges, together with discount of price, in view of the discount of syllabus by the respective Boards because of the aftermath of the pandemic (lockdown) from March 2020.

The courtroom agreed with the college managements that States would not have any authority underneath the 2005 Act to direct adjustments within the price construction as a result of of COVID-19. “The determination of school fee structure [which includes reduction of fixed fee for the relevant period] is the exclusive prerogative of the school management running a private unaided school, it is not open to the Legislature to make a law touching upon that aspect except to provide statutory mechanism to regulate fees for ensuring that it does not result in profiteering and commercialisation by the school management,” the judgment famous.

Justice Khanwilkar, who authored the decision for the Bench, famous that it was a special matter, if as a coverage, the State authorities takes the accountability to subsidise the charges of college students of private unaided colleges, however the State can not arrogate energy to itself a lot much less to problem instructions [to managements to collect reduced fee for the academic year concerned]”. (GNS)

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