Tag: Education Law

Supreme Court Rules: Private Schools Can Sue in Civil Court to Recover Unpaid Fees
5Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: Private Schools Can Sue in Civil Court to Recover Unpaid Fees

The Supreme Court held that the civil courts retain jurisdiction to adjudicate fee recovery suits filed by unaided private schools, as there is no express or implied ouster of jurisdiction under the Haryana School Education Act and Rules. The statutory remedy before the Fee and Fund Regulatory Committee is available only to parents/students to challenge excessive fees, not to schools for recovery. Facts Of The Case: The appellant, Apeejay School, an unaided private institution, filed suits for recovery of fees against students and their parents. The dispute arose from a fee hike implemented by the school for the academic year 2009-10, which the respondents refused to pay, continuing instead to remit only the pre-hike amount. The school's suits were initially decreed by the trial court. W...
Read More
Arbitrary Recruitment? Supreme Court Slams Punjab for Ignoring UGC & PSC Norms
8Aug By The Legal ChamberNo Comments
Supreme Court

Arbitrary Recruitment? Supreme Court Slams Punjab for Ignoring UGC & PSC Norms

The Supreme Court ruled that the Punjab government's recruitment of Assistant Professors and Librarians violated constitutional and statutory norms. The Court held that the State failed to consult the Punjab Public Service Commission as mandated under Article 320(3)(a) and disregarded UGC Regulations 2010, which were binding. The retrospective amendment to exclude these posts from the Commission’s purview was deemed illegal. The selection process, based solely on a written test without interviews or academic evaluation, was found arbitrary under Article 14. The Court quashed the appointments, directing fresh recruitment in compliance with UGC Regulations 2018. Facts Of The Case: In January 2021, the Punjab government sent requisitions to the Punjab Public Service Commission (PPSC) to fil...
Read More
Supreme Court Split Verdict: When Can Schools Be Held Accountable Under Article 226?
6Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Split Verdict: When Can Schools Be Held Accountable Under Article 226?

The Supreme Court examined whether Air Force Schools qualify as a "State" under Article 12 or an "authority" amenable to writ jurisdiction under Article 226 of the Constitution. The majority held that despite partial government control and funding, the schools lacked pervasive state dominance, relegating disputes to private contract law. However, the dissenting opinion emphasized their public function, deep administrative control by the Indian Air Force, and indirect public funding, making them subject to writ jurisdiction. The split verdict clarifies the distinction between regulatory control and pervasive state authority in educational institutions Facts Of The Case: The case involved two civil appeals before the Supreme Court concerning the Air Force School, Bamrauli, Allahabad. In Ci...
Read More
Who Pays for Poor Students?:Supreme Court Stops Kerala’s Extra Fee on NRI Medical Students
25May By The Legal ChamberNo Comments
Supreme Court

Who Pays for Poor Students?:Supreme Court Stops Kerala’s Extra Fee on NRI Medical Students

The Supreme Court held that the Kerala government's directive to create a corpus fund from NRI student fees lacked legislative backing, violating the principle that fees cannot be levied without statutory authority. It ruled that unaided institutions retain autonomy over fee structures, subject only to anti-profiteering regulations, and emphasized that welfare measures must be enacted through proper legislation. The Court allowed colleges to retain collected funds but mandated their use for subsidizing economically weaker students. Facts Of The Case: The case arose from a dispute over the Kerala government's directive requiring self-financing medical colleges to contribute a portion of fees collected from Non-Resident Indian (NRI) students towards a corpus fund. This fund aimed to subs...
Read More