Private schools’ fee has to be fixed in parity with infrastructure: HC

Srinagar: The High Court of J&K and Ladakh has held that the J&K Fee Fixation Committee is required to consider many things including the availability of infrastructure and performance of the private school while fixing the fees.

The court observed while setting aside an order of the J&K Fee Fixation Committee regarding a private school.

Quashing an order of the Fee Fixation Committee it had passed on September 13, 2021, a bench of Chief Justice Pankaj Mithal and Justice Puneet Gupta noted that under Section 29 of the J&K School Education Act, 2002 vide S O 233, Jammu and Kashmir Private Schools (Fixation, Determination, and Regulation of Fee) Rules, 2022 had been enforced with effect from May 10, 2022.

“The rules inter alia provide for the factors of determination of fee vide Rule 7 and it lays down that the committee should consider the locations of the private schools, the availability of the infrastructure, reasonable surplus required for the growth and development of the private school, performance of the private school and many other such things in the matter for fixing of fees. Therefore, the fee fixation has to be based on consideration of these factors,” the court said hearing a petition filed by a private school, JK Public School through Advocate Aatir Javed Kawoosa.

The petitioner had moved an application to the fee fixation panel for enhancement of the fee structure for the academic sessions 2021-22 and 2022-23 on the ground that it had to be as per the infrastructure facilities and other opportunities being provided by the school.

The Fee Fixation Committee had fixed the fee for the school but the school objected to it, saying the same was "on the lower side and was not in parity with the fees allowed to be realised by other schools having similar facilities”.