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PIL filed against capitation fees in Maharashtra

A public interest litigation, challenging the collection of capitation fees and fixed deposits by unaided schools in Maharashtra, has been admitted by the Bombay High Court.

Chief Justice B P Singh and Justice S Radhakrishnan on Wednesday directed the Unaided Schools Forum and four schools under its umbrella to file affidavits within two weeks in reply to the PIL filed by Forum for Fairness in Education.

The other respondents to the petition are Swami Vivekanand Shikshan Mandal Trust, Maneckji Cooper, Dadar Parsee Youth Assembly and Indian Education Society.

The PIL urged that the Maharashtra government appoint a committee to probe such financial deals and submit a report within 60 days. It also wanted the return of capitation fees charged by the schools with 12 per cent interest.

The PIL affixed some receipts indicating collection of deposits by some schools. The forum contended that such fixed deposits and capitation fees were not approved by the state government and therefore violated the Maharashtra Educational Institution (Prohibition of Capitation Revision) Act of 1987.

Sandeep Desai, the forum's managing committee member, arguing in person, contended that under the act only tuition fees, term fees, library charges, caution fee, gymkhana membership fee, examination fee and hostel fee were permitted.

Any other amount collected from the students without the state's approval was illegal. Every three years, the fee structure is reviewed by the government in consultation with schools and parents. Therefore, collecting deposits bypassing such facilities was incorrect, the PIL argued.

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