Fixation, Determination and Regulation of Fee of Private Schools in UT of J&K

Whereas the Committee for Fixation and Regulation of Fee of private Schools vide Order No.35 FFRC of 2021 dated 19-01-2021 directed all Private Schools of UT of J&K to Submit information as per the proforma available on Committees website www.jkffc.in for approval of fee structure, within 30 days.

Whereas, On the request of Private school Associations and individual schools the time period for submission of files was extended from time to time.

Whereas, most of the schools have failed to submit the files for fixation and regulation of fee till date and are charging fee in violation of statue and orders of fee fixation committee issued from time to time.

The Hon’ble Supreme Court in case titled Islamic Academy of Education And… Vs state of Karnataka and others on 14 August ,2003 in its Judgment at para 213 has held that” each educational institute must place before this committee, well in advance of the academic year its proposed fee structure. Along with the proposed fee structure all relevant documents and books of accounts must also be produced before the committee for their scrutiny. The Committee shall then decide whether the fees proposed by that institute are justified and are not profiteering or charging capitation fee. The Committee will be at liberty to approve the fee structure or to propose some other fee which can he charged by the institute. The fee fixed by the committee shall be binding for a period of three years, at the end of which period the institute would be at liberty to apply for revision. Once fee is fixed by the Committee, the institute cannot charge either directly or indirectly any other amount over and above the amount fixed as fees. if any other amount is charged, under any other head or guise e,g Donations the same would amount to charging of capitation fee.”

Whereas the Government of Jammu & Kashmir notified the Jammu and Kashmir Private Schools (Fixation, Determination and Regulation of Fee) Rules, 2022 on 10th May 2022 vide S.O No 233.

Whereas, Rule 5(1) (c) of Jammu and Kahmir Private Schools (Fixation, Determination and Regulation of Fee) Rules 2022, provides that “Require each Private school to place before the Committee the proposed fee structure of such school with all relevant documents and books of accounts for scrutiny within such date as may be specified by the Committee.”

Whereas, the rule 8 (a) of the Jammu and Kashmir Private Schools (Fixation, Determination and Regulation of Fee) Rules 2022, provides that “the private School shall submit a proposal to the Committee on the proforma as may be prescribed by the Committee. The proposal for ftxation, determination and regulation of fee for next year shall be submitted three months before the next academic year starts”.

Now therefore, in view of above, all the Private Schools of UT of J&K who have failed to submit files for fixation and regulation fee till date are directed to submit files for fixation and regulation of fee along with all requisite documents as specified in the prescribed proforma including audited accounts of last three years as a final opportunity by or before 25 of July 2024.

Also those schools whose fee fixation and regulation orders were valid upto 2022-23/2023-24 and have not submitted files afresh for fixation and regulation of fee for session(s) 2024-25 and onwards and are charging fee in violation of statue are also directed to submit files along with requisite documents for fixation and regulation of fee for session(s) 2024-25 and onwards by or before 25th of July 2024.

The failure to submit requisite information in terms of Rule 8 (a) and 5(1) c will attract action in terms of Rule 8 d ( i), (ii), which is taken note of

8 d (i) “The committee shall recommend to the appropriate authority to bar the private school from taking any new admission for next academic year or to impose a fine equivalent to 10 percent of total revenue generated by the Private school/society in the preceding year, as applicable”;

8 d (ii) “In addition, the Committee may recommend to the appropriate authority for taking the following actions; (a) to take over the management of the private school until it Submits a proposal and once the management of the Private school has been taken over, the Government shall appoint an Administrator not below the rank of Sub-Divisional magistrate as Administrative head of school to ensure its smooth functioning at the cost of schools fund. During this period, no further development / procurement / construction activities related to education and safety of children; (b) the appropriate authority may withdraw permission and the recognition of the Private school as per the procedure laid down”.

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