HIGH COURT OBSERVATION
Sole aim of schools must not be profits…..Hetal Vyas
Sole aim of schools must not be profits…..Hetal Vyas
Mumbai: The Bombay high court on Monday observed that the aim of educational institutions should not be solely to make profits by hook or by crook.A division bench of Justice P B Majmudar and Justice Mridula Bhatkar also reminded institutions that education is a pious activity.
The court was hearing a petition filed by Anil Rajgarhia against B D Somani International School at Cuffe Parade in south Mumbai.The petitioner alleged that the school compelled him to pay fees for the following year as well,when he asked for his sons school leaving certificate.Rajgarhias son had enrolled for a two-year International Baccalaureate diploma in 2008,after completing his standard X.
The petitioner stated that although his son attended standard XI in 2008-09,he was not allowed to appear for the final exams,provided he paid Rs 2.50 lakh fees for standard XII.Rajgarhia stated that he had decided to shift his son,but the school refused to refund the fee it had taken for standard XII.
Hearing the submissions made by the petitioners advocate A L Gore,justice Majmudar remarked: How many free students (not paying fees) To which,schools lawyer Sujay Kantawala replied Not a single.Justice Majmudar then gave an example of the Oscar-winning film Slumdog Millionaire and remarked that bright students emerge from slums.
Gore argued that the practice on the part of schools to forcibly collect fees much in advance is not just unethical,but also disallows students the opportunity to change their school or stream mid-way.Gore further argued that the school management has not incurred any loss as another student has already been enrolled in place of the petitioners son.Morally and ethically,the school should refund the fees.Educational institutes should not only be interested in making profits,but should be gracious enough to refund the money, argued Gore.
Replying to Gore,Kantawala argued: The petition is not maintainable as the institution is a private-unaided school.Fees for both the years are not taken in advance,but bifurcated year-wise and once enrolled,irrespective of whether a student continues or not,the fees are payable. Kantawala also argued that the fee taken was only of the first term.
Posting the petition for final hearing on December 15,Justice Majmudar remarked: Try to be fair.
The judge further added that we are against such institutes doing commercial activity to enrich itself at the cost of education.