HC grants interim stay on fee collection by CSMC in its CBSE Schools

Chhatrapati Sambhajinagar:

The Aurangabad Bench of the Bombay High Court comprising Justice Mangesh Patil and Justice Shailesh Brahme, has released an interim order granting a temporary stay on the fee collection for the English medium schools affiliated with CBSE, started by the Chhatrapati Sambhajinagar Municipal Corporation (CSMC), said the Adv S S Kazi. The next hearing on the petition will be held after four weeks.

What is the petition?

In 2021, the CSMC launched English medium CBSE schools with advertisements stating ‘No Donation, No Fees.’ As a result, many parents admitted their children to these municipal schools. However, on August 26, 2024, the CSMC Deputy Commissioner decided to charge a fee of Rs 1,000 per student. This decision was challenged in the court by Asif Mansaf Khan, Rajratna Ghorpade, Navnath Vetale, Shaikh Imran, and others, through Adv Kazi Fatema.

Arguments of the lawyers

Advocate S S Kazi argued that under Sections 8 and 9 of the Right to Free and Compulsory Education Act of 2009, the government is required to provide free and compulsory education to children. However, the CSMC has imposed a fee on students. Hence the petition requested the cancellation of this fee. During the preliminary hearing, a notice was issued to the respondents on September 25, 2024.

While the petition was pending, the CSMC education officer sent a letter on January 13, 2025, to all headmasters, instructing them to collect a fee of Rs 500 for Junior KG and Senior KG, and Rs 650 for Classes 1 to 5. This led to a further petition being filed. Accordingly, in the hearing on February 27, the bench granted an interim stay on the fee collection, confirmed Adv Kazi.