Art.19(1)(g)| Fee Revision Committee Can Verify Expenditure But Can’t Sit In Management’s Chair To Determine Fee Structure Of Self-Financed School: Gujarat HC

Art.19(1)(g)| Fee Revision Committee Can Verify Expenditure But Can’t Sit In Management’s Chair To Determine Fee Structure Of Self-Financed School

Case: Ambe Public School VS State Of Gujarat

Coram: Justice Bhargav Karia

Case No.: C/SCA/2356/2021

Court Observation: “Therefore, according to the FRC, if the expenditure is not for the purpose of imparting education, then necessary verification be undertaken and then to arrive at the conclusion by assigning reasons for the same that such expenditures would not be necessary for education to justify the fees proposed by the Self Financed School would not result into the “profiteering” and “capitation fee” or “charging exorbitant fees” and the FRC is supposed to apply the principles which are laid down by the Apex Court vis-a-vis “profiteering” as per the definition of “profiteering” prescribed under section 2(r) of the Act,2017.”

“the Apex Court has laid down that fees to be charged by educational institution should be so reasonable so as to generate reasonable surplus for the purpose of development of education and expansion only without there being any profiteering or charging capitation fee or exorbitant fees resulting in accumulation of wealth with the management of such institution.”

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Keywords

Fee Revision Committee, Determine Fee Structure