New Delhi: The Supreme Court Monday issued a notice to the state government on a petition filed by the Association of Odisha ICSE Schools challenging the state government’s notification regarding fee waiver in private un-aided schools.
A two-judge bench of the apex court comprising Justices AM Khanwilkar and Dinesh Maheshwari issued the notice to the government returnable in two weeks in the petition filed against the order of the Orissa High Court that dismissed a writ petition by the association challenging a state government notification January 19 regarding the fee waiver.
The Association of Odisha ICSE Schools challenged the state government’s January 19 notification, issued in compliance to the order of Orissa High court January 7 that taken on record the memorandum of understanding dated September 10, 2020 where government and several other parties were agreed to fee waiver in a flat rate and prepared a slab of fees to be waived by private Un-aided institutions.
The petitioner contended in the petition that MoU was contradictorily taken support of by the state government despite its clear submission before the High Court that there is no provision under the Orissa Education Act, 1969 for fixation of fee structure of different Private Un-Aided schools.
“Contrary to the above stand, the High Court erroneously placed its reliance upon a government resolution dated September 23, 1996 which does not hold any force pursuant to the coming into force of the Right of Children to Free and Compulsory Education Act, 2009,”
The petitioner also contended that the high court completely lost sight of the fact that the Fee Structure of Private Un-Aided Schools is governed by a report of the Fee Structure Committee (FSC), Odisha headed by Justice KP Mohapatra constituted by the apex court in a civil appeal.
“The impugned order precariously violates the rights of the petitioner association under the principles of natural justice as the petitioner association was never allowed to participate in the deliberations leading to MoU despite being a necessary party to that deliberation,” the petitioner contended.
Petitioner submitted that the high court failed to appreciate that during the lockdown almost all schools are conducting online classes and teachers are discharging their duties by imparting course work over online system and supervising the students to complete the work task given.
“There is also a burden on the school to pay their salary during these months,” the petitioner contended.
