names of students for non-payment
of dues is deficiency in service? Whether
the pricing can be the subject matter of
dispute before the Consumer Forum
where the price has not been fixed by law."
7. The opposite parties submitted that no increase was made in the middle of the session and the complainant was familiar with the new fee structure much before the commencement of new Sessions of 2006-07 and the complainant is himself responsible for the expulsion of his children from the school. The names of the defaulting students was struck on account of non-payment of arrears of school dues after giving the complainant plenty of times and opportunity to pay the same. The complainant before filing the complaint, preferred his complaint to the Deputy Commissioner, Sub Divisional Magistrate
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and District Education Officer and Education Minister. The wards of the complainant are already studying in some other school and the complainant is praying this Fora for direction that his children maybe taken back in the school of the opposite parties. The opposite parties claimed that the complainant has filed this Complaint at the instance of one Ashok Prashar and the opposite parties have mentioned so many instances which shows that the complainant has not come to this Forum with clean hands. In fact, one Ashok Prashar is purposely designed to avenge the opposite parties and he had promised the parents of so many wards to give admission in St. Soldier School. This Ashok Prashar had instigated so many parents to file mischievous complaints. Except allegations and counter allegations, nothing more is mentioned in this complaint.
8. We would like to make it clear that on several occasions, the Apex Court has deprecated the practice of interfering into the autonomy of privately managed unaided educational Institutes, especially when they are charitable in nature and there is no allegations of capitation fee being charged. In the Apex Court, sitting of 11 Hon'ble Judges to hear and decide the cases is not a common feature. It so happens in a case T.M.A. Pal Foundation V.State of Karnataka, 2003 (1) SCT 236 (SC) (2002)8 SCC 481 The authoritative pronouncement such strength on the issues arising before it has been conclusively draw a final curtain on all controversies raised in:-
Unni Krishnan V. State of Andhra Pradesh
1993 (2) SCT 511 (SC) : (1993)1 SCC 645,
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St. Stephen's College V. University of Delhi,
(1992)1 SCC 558, Ahmedabad St. Xavier's
College Society V. State of Gujarat, (1974)1
SCC 717 and in Re Kerala Eduction Bill,
1957, (1958) SCR 995
It was held in this judgment of the T.M.A. Pal Foundation and Ors V.State of Karnataka and Ors 2003 (1) SRJ 271 that:-
"In the case of unaided private schools,
maximum autonomy has to be with
management with regard to
administration including the right
of appointment disciplinary powers,
admission of students and the fees
to be charged. At the school level,
it is not possible to grant admission
on the basis of merit It is no
secret that the examination results
at all levels of unaided private
schools disturb notwithstanding
the subsequent regulation of the
Governmental authorities are for
superior to the results of the
government maintained Schools.
There is no compulsion on students
to attend private Schools. The rush
for admission is occasioned by the
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standards maintained in such
Schools and recognition of the
fact that state run schools do
not provide the same standards
of education . The State says
that it has no funds to establish
Institutions at the same level of
excellence as private Schools.
But by curtailing the income of
such private schools, it disables
those Schools from affording the
best facilities because of a lack
of funds. If this lowering of
standards from excellence to the
level of mediocrity is to be avoided,
the state has to provide the
difference which, therefore, brings
us back in a vicious circle to the
original problem viz., the lack
of state funds. The solution would
appear to lie in the States not
using their scanty resources to prop
up Institutions that are able to
otherwise maintained themselves
out of the fees charged, but in
improving the facilities and
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infrastructure of state-run
schools and in subsidizing the
fees payable by the students there.
It is in the interest of general public
that more good quality schools are
established, autonomy and non
regulation of the school administration
in the right of appointment, admission
of the students and the fee to be
charged will ensure that more such
Institutions are established. The
fear that if a private school is allowed
to charge fees commensurate with
the fees affordable, the degrees
would be purchasable is an unfounded
one since the standards of education
can be and are controllable through
the regulations relating to recognition
affiliation and common final examinations.
62. There is a need for private
enterprise in non professional
college education as well. At
present, in sufficient number of
undergraduate colleges are being
and have been established, one of
the inhibiting factors being that
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there is a lack of autonomy due
to government regulations. It will
not be wrong to presume that the
numbers of professional colleges
are growing at a faster rate than
the number of undergraduate and
non professional colleges. While it
is desirable that there should be
a sufficient number of professional
colleges, it should also be possible
for private unaided undergraduate
colleges that are non technical
in nature to have maximum autonomy
similar to a school. "
The matter of pricing was decided by Hon'ble NCDRC in Haryana Urban Development Authority Vs. Deep Kishore Singh II (1994) CPJ 22 (NC), wherein para No. 5 it is held that:-
Under the Consumer Protection Act, pricing
is not a matter which can be subject matter
of dispute before the Consumer Forum except
where the price has been fixed by law. Again
in Anil Kumar Vs. Avas Evam Vikas Parshad
III (2004) CPJ 200 Hon'ble Uttranchal State
Commission has held 'Pricing beyond
jurisdiction of For a."
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Reliance is alsoplaced in case Shanti Auto (P) Ltd.& anr Vs. Praveen Ben George &other 2002 (1) CPJ 106 can be safely made as the implied waiver is explicitly clear in the conduct wherein it is held that:-
"Therefore, complainant was familiar
with new fee structure much before the
commencement of new session and he
voluntarily chose to make the children
study in the School. The complainant
himself chose not to pay the school fees
and its arrears and thus is estopped
from blaming others for his own conduct."
If the structure of the private unaided institutes are not decided by any law and thus,it cannot be decided by the Consumer Forum.
9. From the above discussion, it is clear that the complainant was in arrears and the school was imparting education without consideration at the time of striking off of names of the wards of the complainant. As the complainant was not paying the school fees of his wards and in this behalf reliance is placed on a case reported as Bikar Singh Vs. Rishi High School III (2003)CPJ 711, in which Hon'ble Punjab State Consumer Disputes Redressal Commission has held that "Such striking off of names is no deficiency in service on the part of the school" The P. T. A. of School being local managing committee and is equipped with the powers and object and is quite
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competent to take decision regarding the increase in school fee Increased in the fee was not made in the mid of the fee structure much before the commencement of new Session.
10. In view of the above discussion and in the light of decision
of Hon'ble Apex court in which 11 Hon'ble Judges sit to hear and decide that the maximum autonomy has to be with the Management regarding the admission of the students and the fee to be charged at the school level. This Bench of the Hon'ble Apex Court also decided that maximum autonomy has to be with the Management regarding the disciplinary powers and admission of the students to maintain the high standard of education and there is no compulsion on the students to attend the private school with a high fee structure. It is also proved on the file that both sons of the complainant are now studying in some other school and their study should not be disturbed time and again.
So in view of all the discussions, we are of the view that this complaint merits dismissal. So this complaint is dismissed with no order as costs.
Copy of the judgment be sent to the parties free of costs through registered post without any delay. File be consigned to the record room.
Dated: Gulshan Prashar Shashi Narang Paramjit Singh
26.2.2009 Member Member President
......................Gulshan Prashar ......................Paramjeet singh Rai ......................Smt. Shashi Narang
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