MUMBAI, APRIL 22: Can a school ask for a `deposit' during admission and thereafter for `advertisement charges' while promoting a child from junior to senior kindergarten? Parents of children enrolled with a kindergarten school in Ghatkopar have sought answers to these questions in a case filed in the Bombay High Court. They have also asked whether an educational institution can let out a playground meant for students, for weddings and other functions on Sundays and holidays? And if so, whether the authorities should not credit the income that accrues to the trust's account.The petition, filed by 28 members of the Action Committee of guardians of kindergarten students from First Step Nursery School and P G Garodia High School, Garodia Nagar, Ghatkopar, has been scheduled for hearing on Thursday.
Pointing out that the `deposit' and `advertisement charges' are in contravention of the provisions of the Maharashtra Educational Institutions (Prohibition of Capitation Fees) Act, 1987, the petitioners say theschool has threatened to strike the names of students who refuse to pay off the rolls.
During admission for the 1998-99 academic year, the school had asked them to pay Rs 20,000 by way of capitation fees, they explain, and add that no receipts were issued. In addition, the authorities have been charging Rs 5,000 as term fees twice a year, for which only kutchcha receipts are issued.
Then, in an unsigned circular issued on April 1, 1999, the school mentioned that parents of students who will be promoted from junior to senior kindergarten in 1999-2000 are required to pay Rs 13,000 (including Rs 4,000 as `deposit' and Rs 4,000 as `advertisement charges'). The petitioners, however, point out that since demands by way of `deposits' and `advertisement charges' are illegal, they discussed it with the school authorities but the latter did not relent. The authorities only agreed to scale down the Rs 4,000 `advertisement charges' to Rs 2,000.
The petitioners also allege that no permission had been soughtfrom the state government's Department of Education to charge the extra amount. Also, according to Schedule 10 of the Bombay Public Trusts Act, the school management has sufficient funds to run the institution, they claim.
The petitioners further say that a playground attached to the school premises and meant for the students' recreation is hired out for weddings and other functions to the public. However, they point out, the income that so accrues is not credited in the trust's account.
Pointing out that the school's owner is a builder who also owns a chemical factory, the petitioners allege that he has been running the institution for profit.
The court has granted an interim injunction, ordering the school to refrain from striking off any students' names from its rolls.
Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.
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