Private Schools Grow Where Public Education Falters: J&K & Ladakh HC Calls For Balanced Fee Regulation

While examining the statutory framework governing fixation of school fees, the Court observed that citizens are not compelled by private institutions to seek private education; rather, the growing dependence on private schools is often the consequence of deficiencies in the government education system. The Bench noted that private education has become a competitive occupation, particularly in regions where public schooling has failed to meet expectations.

The bench ultimately struck down the provision permitting a retired bureaucrat to head the Fee Fixation and Regulation Committee (FFRC), holding it contrary to Supreme Court precedent, and urged the Government to revisit the Fee Fixation Regulations, 2022 to ensure clarity, fairness, and uniformity in regulating school fees.

A bench comprising Justice Sanjay Parihar and Justice Sanjeev Kumar thus observed, “The mushroom growth of private schools in Jammu and Kashmir, like in many other States, is largely as a result of the failure of the public school education system. Private schools have out performed public schools in terms of students’ learning outcomes and in providing basic infrastructure such as classrooms, toilets, and drinking water facilities. They have also been found to be more efficient with respect to teacher absenteeism and financial management. It is, therefore, an undeniable fact that private schools have been providing quality education in the country, whereas the public education system is often criticised for its inefficiencies...”.

“…Once it is conceded that private education has emerged as a robust alternative to public education, it becomes necessary for the Government to extend support to private institutions, particularly those catering to economically disadvantaged students or offering programmes not available in public institutions. We are not suggesting, even for a moment, that privatisation of education should be done at the cost of public education. Both public and private education systems are necessary to meet the diverse educational needs of a country like India. However, it needs to be borne in mind by the Government that the private education system is not merely supplementing the public education system but is, in fact, on the verge of supplanting it. There is, therefore, a dire need to invest in the public education system and to ensure that the quality of education and infrastructure provided in Government schools matches with the schools in the private sector”, it further noted.

Senior Advocate NA Beigh appeared for the petitioners and T.M. Shamsi DSGI, Mohsin Qadri Senior AAG appeared for the respondents.

In the matter, the Court was careful to distinguish between commercialisation and legitimate private participation. It cautioned that fee regulation must not stifle bona fide private schools, especially those established by educated but unemployed youth in rural and semi-urban areas, who have turned to education as a livelihood in the absence of adequate employment opportunities.

The Court emphasised that in the absence of clear statutory guidelines or a uniform yardstick, regulatory authorities such as the FFRC must exercise restraint. Interference with proposed fee structures, it held, should be limited to cases where the magnitude of the fee proposed shocks the conscience of the regulator.

Furthr reiterating that education remains a matter of public interest, the Court highlighted that private institutions may supplement, but cannot replace the State’s constitutional obligation to provide quality public education. Excessive or arbitrary regulation, the Bench warned, risks discouraging genuine educational initiatives without necessarily addressing the root causes of rising educational costs.

“Before parting, we wish to implore the Government of the Union Territory of Jammu and Kashmir to give a fresh look to the Fee Fixation Regulations, 2022 so as to bring them in tune with the observations made in this judgment. It would be highly appreciated if proper parameters and adequate guidelines are laid down to ensure that a uniform yardstick is applied by the FFRC to determine the school fee of private schools, undue profiteering is put on a bridle, and at the same time genuine private schools, particularly those established by uneducated youth in rural areas, are not stifled by undue and uncalled-for interference on the pretext of fee determination. It is high time to hold and clarify that the jurisdiction of all authorities of the State/UT with respect to matters which squarely fall within the jurisdiction of the FFRC is completely excluded. Complaints of overcharging of school fee, including transport fee, etc., should be left to be taken cognizance of by the FFRC, and this is the mandate of law as well”, the bench further noted.

The judgment reflects the Court’s attempt to strike a careful balance curbing profiteering without undermining legitimate private educational efforts in a landscape shaped by systemic public-sector shortcomings.

Cause Title: New Convent High School, Gogji Bagh Srinagar & Ors. v. Union of India and others WP(C ) No. 1070/2022

Appearances:

Petitioners: NA Beigh Sr. Advocate, Mohd. Murshid Rashid, Advocate.

Respondents: T.M.Shamsi DSGI, Shagufta Maqbool, Mohsin Qadri Sr. AAG, Maha Majeed and Mohd Younis Hafiz, Advocates.

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