Early Times Report
JAMMU, Feb 2: The High Court of Jammu & Kashmir and Ladakh has upheld the statutory mechanism empowering the Committee for Fixation and Regulation of Fee of Private Schools (FFRC) to regulate fees of private schools in the Union Territory, holding that the framework is aimed at preventing commercialisation and profiteering in education.
A Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar, however, took serious exception to the provision that allows a retired senior executive officer-of the rank of Financial Commissioner or above-to head the FFRC, observing that this is not in consonance with binding directions of the Supreme Court of India. The court noted that the Supreme Court had clearly laid down that the fee-fixation regulator "shall be headed by a retired Judge of the High Court" to be nominated by the Chief Justice, and held that the contested clause "cannot be allowed to remain on the statute book."
Recording that the government's counsel had virtually conceded the point during arguments, the Bench said the UT administration should substitute the existing provision and specifically indicated the replacement wording: the Committee "shall be headed by a Chairperson who has been a Judge of the High Court, to be nominated by the Chief Justice of the High Court of Jammu and Kashmir and Ladakh."
On the contentious issue of transport charges, the court observed that providing school transport is not a mandatory condition for recognition or affiliation and remains an optional facility for students and parents; therefore, transport charges levied from those who avail the facility "should not ordinarily form part of the fee" charged by private schools-though the law's definition of fee currently includes transport fee.
Without entering into the broader debate on whether transport charges should be treated as fee for regulation, the Bench directed the FFRC to constitute a committee comprising, among others, the Commissioner/Secretary to the Government, Transport Department, and the Commissioner/Secretary to the Government, Consumer Affairs and Public Distribution, to recommend broad guidelines for fixation of transport fee. It said such fees, once fixed school-wise under the guidelines, can be revised periodically in line with increases in public transport fares, fuel prices and other relevant factors.
Crucially, the Bench ordered that until this exercise is undertaken and transport fee is fixed in the prescribed manner, FFRC Order No. 09 dated 06.10.2022 will continue to regulate transport charges across the Union Territory. |
