The Madras High Court has refused to stay the operation of a circular issued by the Director of Private Schools, which mandates all private schools to display their fee structure on notice boards. Justice M Dhandapani, presiding over the case, directed the state government to file its response to the plea challenging the circular.
Background of the Case
The order was passed on a plea filed by the All India Association of Private Educational Institutions, which challenged the directive. The court observed that schools cannot refuse to disclose fee rates, emphasizing that even exemptions under the Right to Information (RTI) Act recognize the need for disclosure when larger public interest is involved. The hearing has been adjourned to June 18.
On May 25, the Tamil Nadu State Information Commission directed the Director of Private Schools to make it mandatory for all private schools across the state to display fee structures approved by the government on their notice boards. In compliance with this direction, the state government issued a circular on June 1, requiring all private nursery, primary, matriculation, CBSE, and other board-affiliated schools to display their fee details by June 5.
Arguments Presented
When the plea came up for hearing, the association argued that the Supreme Court has held that the RTI Act does not apply to private educational institutions. They further contended that the state government has no authority to regulate schools functioning under central education boards such as CBSE.
Opposing the plea, the state government submitted that the directive to disclose fee details was issued pursuant to the Information Commission's order. They also argued that only individual schools, and not an association, could challenge the order.
Court's Observations
The court noted that the disclosure of fee structures is in the larger public interest, as it promotes transparency and helps parents make informed decisions. The judge emphasized that even private institutions are subject to regulatory oversight when it comes to matters affecting public interest.
The next hearing is scheduled for June 18, by which time the government is expected to file its response. Until then, the circular remains in effect, requiring schools to display their fee details prominently.
