LAWS AND JUDGEMENTS

For Haryana - Others shall be added later

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Haryana School Education Rules 2003

Link to Rules

Relevant Extracts:

1 - On School Management Committee - Rule 32(1):

(1) The scheme of management in relation to a recognized school shall provide that:

(a) the managing committee running the school duly approved by the appropriate authority shall consist of not less than seven members;

(b) subject to the total number of members specified in clause (a), every managing committee shall include the following members, namely:

(i) the head of the school as an ex-officio member with the right to vote;

(ii) one parent, who is a member of the Parent Teacher’ Association of the school, constituted in accordance with such instructions as may be issued by the Director, and is elected by that Association;

(iii) one teacher for every twenty teachers of that school, to be elected by the teachers of the school from amongst themselves;

(iv) two other persons of whom one shall be a woman;

(v) in the case of Aided school member nominated by Director.

(vi) the remaining members to be nominated or elected, as the case may be, in accordance with the rules and regulations of the society or trust by which the school is run.

[(c) In case a school authority runs more than one institutions, the said authority shall constitute a separate managing committee for each school under these rules]


2 - On Fee Charging - Rule 142(2) vide amendment dated 13/08/2014

The manager of every aided school shall submit to the Director the details of minimum facilities being provided and the maximum fee/fund charged from the students of classes IX to XII. He shall before the commencement of each academic session, file with the department a full statement of fee and funds to be charged by such school during the ensuing academic session justifying it. The Director after satisfying himself shall specify the fee and funds to be charged from the students of classes IX to XII. No such school shall charge any fee in excess of fee/funds so approved and specified by the Director during the academic session. The fee and funds so approved by the Director shall be displayed by the school on the notice board.".


3 - On Fee & Fund Regulation Committee vide amendment dated 28th January 2014 - Rule 158 (A)

Fee and Fund Regulatory Committee:

(1) There shall be a committee to be known as Fee and Fund Regulatory Committee at the Divisional Level under the Chairmanship of Divisional Commissioner, who shall be assisted by the following officer/officials,—

(i) District Education Officer/District Elementary Education Officer (ex-officio member) to be nominated by the Chairman.

(ii) a retired Accounts Officer/Chartered Accountant to be nominated by the Chairman on such terms and conditions, as may be approved by the Government.

(2) Where the Committee on receipt of any complaint or otherwise is satisfied after due enquiry, that a private school has charged capitation fee or fee in excess of the fee as notified by the school, it would ensure redressal of the complaint so received within a period of sixty days from the receipt of the complaint and it may:

(i) direct the concerned institution to refund the capitation fee or fee in excess of the fee as notified by the school, as the case may be;

(ii) recommend withdrawal of the recognition/affiliation of the school and the Director shall pass the

orders accordingly.

(3) Before taking any action or passing any order sub-rule (2) above, the committee shall provide a

reasonable opportunity of being heard to such an institution.


158B. Appeal—Any person or school management aggrieved by any direction or order passed under rule 158 A, may file an appeal to the Administrative Secretary within a period of thirty days from the date of such order

 

Punjab & Haryana High Court 2013 Judgement on setting up Private School Fee Regulatory bodies

The Punjab and Haryana High Court Judgement is a landmark judgement for clearing the way for setting up of the detailed regulatory framework to ensure that Private Schools adhere to fee regulation and do not resort to profiteering under the garb of autonomy. Here is the link to the judgement.

Unfortunately, as detailed in the blog post, the Haryana Government has failed to implement the directions of the High Court even after 8 years of the judgement. This has led to a loss of over Rs. 42,000 crore over the last 7 years to the Haryana Parents. This loss continues at the rate of Rs. 6,000 crore per annum.

 

Punjab & Haryana High Court Judgement upholding Chandigarh Administration directive to Private Schools to upload audited financials to websites

This is another landmark judgement paving the way for greater transparency by Private Schools in charging of fees to parents. This judgement is also discussed in the blog post. This judgement ensures that Parents have access to School Financials so as to determine whether overcharging and profiteering is occurring or not. Here is the link to the judgement.