Madras HC justifies separate fee for extra-curricular or co-scholastic activities

Updated on: Thursday, May 02, 2013

The Madras high court has virtually freed private schools from the confines of the fee regulation committee and the state government by ruling that the schools can collect separate fee for extra-curricular or co-scholastic activities. The fee committee and government will have no role in the matter, it said. The court, however, cautioned schools against fleecing, and gave parents the option of approaching the state government or the CBSE in case of overcharging by schools.

A division bench comprising Justice R Banumathi and Justice K Ravichandrabaabu held on Monday ruled, "When extra-curricular activities are conducted by private unaided schools beyond school hours, and when they are wholly unconnected with the course of study, it cannot be interfered with by the state or the by the School Fee Determination Committee on the assumption that those extra-curricular activities are connected with curriculum or academic activities. The state government/committee has power to interfere with the activities only when those activities are conducted during the course of study and made as part of the curriculum or integral component of students' performance."

"These activities do not form part of the regular school activities in relation to the curriculum and ultimately being assessed for promotion...Those extra-curricular activities are being carried out in the school outside the school hours...The fee collected towards such activities cannot be brought under the purview of definition (of 'fee') of Section 2(2) of the Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009," the bench added.

It was passing orders on a writ petition of Kavi Bharathi Vidyalaya at Tiruvottriyur in the city. In its counter, the parents association of the school submitted that till July 18, 2011 the school had been imparting all co-curricular activities to all students without any discrimination or extra charges. But, after the statutory fee fixation committee prescribed a fee structure, the school issued two circulars making co-curricular activities as optional, for an extra fee. The school also discriminated those students who did not enroll themselves in the activities.

Denying the allegations, the school and some parents supporting the school told the court that the cost of five extra-curricular activities was Rs 2,250 per year and three Sports Club activities came at Rs 5,000 a year. Describing them as reasonable and commensurate with the facilities provided by the school, they said it was only optional and conducted before or after regular school hours. An inspection report of the CBSE too supported the school's version and said it was proportionate to the facilities offered by it.

Additional advocate-general P H Arvindh Pandian, however, raised point that whether optional or compulsory, a charge collected by the school came under the definition of 'fee' and the fee fixation committee did have a jurisdiction.

Rejecting the submissions, the judges said that not all fees collected during the course of study would fall within the meaning of 'fee' unless such collection is made towards the course of study...state government cannot interfere with those extra-curricular activities merely because they are conducted by the unaided educational institutions in the school premises."

Madras HC justifies separate fee for extra-curricular or co-scholastic activities

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