Ahmedabad: A day after the announcement of rules for the Gujarat Self-Financed Schools (Regulation of Fees) Act, 2017 by Education Minister Bhupendrasinh Chudasama, the Gujarat High Court today issued notices to the education department and others on a PIL demanding inclusion of representatives of the Guardians of students in the Fee Regulation Committee under the act.

Petitioner Praful Desai, head of NGO Jagte Raho, had filed the PIL saying that the committee envisaged in the act does not included the representatives from guardians of the students. He has also demanded inclusion of retired officials of education department in the committee instead of the serving ones for its impartial functioning. He has also objected to the clause of the bill that provides for government appointed chartered accountants for auditing the accounts of Schools saying that it should be replaced with the CA approved by guardians of students.

The division bench comprising chief justice R Subhash Reddy and justice V M Pancholi also suggested the government to make regulations for self financed schools on the lines of such medical and engineering colleges.

The petitioner has also requested the court to take steps to clear the prevailing confusion about the fees till the law becomes effective.

The Education Minister, while announcing 19 rules yesterday said that after the notification, private schools that charge fees more than what is permissible under the Act will have to submit their proposal of fees to the Fee Regulation Committee (FRC) in 30 days. The committee will then take a call within 90 days of application. Schools will have to put up the fees approved by the FRC on its notice board and website.

The 15000 odd private schools in the state have been put in four zones; Ahmedabad, Vadodara, Rajkot and Surat. Each zone will have an FRC to regulate the fees. Each committee will be coordinated by the concerned district education officers. It is to be headed by a retired district judge or a retired IPS officer not below the rank of Additional DGP or an IAS officer not below the rank of Principal Secretary as the chairperson. Whereas, other members of the FRC will be government-appointed engineer or valuer, a chartered accountant, an educationist of repute or a representative of school managements of the concerned zone. The FRC has been given wide powers to verify the justifications given by private schools for the fees being charged by them. Along with their proposal for fees, the schools will have to submit their last two years’ audited accounts. Also, the schools will have to maintain a bank account in which fees will be paid. Other expenses of the schools like management expense, housekeeping, salaries of the teaching and non-teaching staff will be done from this bank account only.As per the rules, any school which is aggrieved by the fees decided by the FRC can challenge the same before the FRC after paying a process fee. Under the fee regulation Act, the Gujarat government has kept a cap of Rs 15,000, Rs 25,000 and Rs 27,000 for private primary, secondary and higher secondary schools respectively. Any school charging fees more than this will have to justify their fees before the FRC. In case of violation of the Act, the concerned school can face punitive steps which include de-recognition on third violation. For the first and second violation they will have to pay Rs 5 and 10 lakh as penalty.

DeshGujarat