Bihar’s school fees regulation law signals a commitment to fairness, aiming to ensure equitable education practices by controlling fees in private schools – Patna High Court
The Patna High Court has upheld the constitutionality of a significant law introduced by the Bihar government in 2019. This law plays a crucial role in regulating the fee structures of private and unaided schools across the state. Specifically, it restricts these institutions from increasing their fees by more than 7% compared to the previous academic year. The decision aims to ensure fairness in fee adjustments and prevent excessive financial burdens on students and their families.
The decision was prompted by a writ petition filed by the Association of Independent Schools in Bihar. The petitioners argued that the law encroached upon the financial autonomy of private educational institutions. However, on January 25, the division bench, headed by Chief Justice K Vinod Chandran and Justice Rajiv Roy, delivered a verdict that highlighted the need to balance autonomy and regulation in the realm of private educational institutions.
The bench stated,
“Every private and unaided school management is free to devise its own fee structure, but the same can be regulated by the government in the interests of the general public for preventing profiteering and/or charging a capitation fee.”
Comparing Bihar’s school fee law to a similar one in Rajasthan that the Supreme Court supported in 2021, the judges said Bihar’s law is okay constitutionally. They also told the Bihar government to use the rules from Rajasthan’s law on fees until Bihar comes up with its own rules for making sure this law is followed.
An essential aspect of the verdict was the directive to establish a Fee Regulation Committee (FRC) in every administrative division of the state. This committee, to be chaired by the divisional commissioner, is a significant step towards transparent and fair fee regulation in private schools. The education department of Bihar has been given the green light to proceed with the constitution of this panel.
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By controlling how much private schools can charge, the state wants to make education easier to get and stop it from becoming too much about making money. The judges are showing how the law can make sure private schools think about what’s good for everyone, not just themselves, especially when it comes to education.
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