Srinagar:
In an example of how the top schools in Kashmir are ignoring the authorities when it comes to regulating the fee, the Committee for Fixation & Regulation of Fee of Private
Schools, J&K (FFRC) has passed strictures against BOMIS Lawaypora Srinagar and Minto Cirlce for violating the fee structure regulations.
In an order issued last month, FFRC has said that it has come to their notice that the BOMIS school is charging fee without any authorization. “Despite direction given by the committee and undertaken by the Chairman of the school on 20 of Nov 2023 to submit file for regulation of fee along with requisite documents within the shortest period, he (BOMIS school) has failed to do the same and made himself (BOMIS school) liable for action as per the rules. The fee being charged by the school if found to be exorbitant by this committee shall have to be refunded to the affected students. Before initiating action of imposing fine of 10% of total
revenue generated by Private School the Chairman of the school is directed to appear in person before this forum on 20th of May 2024 at 2 PM, failing which action as proposed shall be taken
against the school without further notice,” the order issued by the FFRC against BOMIS read.
The order issued by Justice Sunil Hali, Chairperson Committee for Fixation & Regulation
of Fee of Private Schools J&K (FFRC), further said that the a complaint was received against the school for charging fee which was not authorized by FFRC. ” Cognizance of the matter was taken and you were given notice to appear before this committee on 24th of August 2023. You failed f to appear on the said date and a direction was issued that the matter be placed before the Committee for appropriate action. On your failure Communication was issued by this office on 6th of ‘ October 2023 to appear before the committee to provide you ‘ another opportunity to present your defense before the , Committee. |On 20 of November Mr Fayaz Ahmad Chairman of the school reported in the FFRC office. He informed that he has not received any communication from this office as it was sent on a incorrect email address. Mr. Fayaz Ahmad provided an ; alternative email address for any future communications. He assured that necessary documents are being prepared and will i be submitted in this office in shortest period of time. These facts were duly recorded on the file,” the order said.
“As of now more than six months have passed but you have not submitted a file for regulation of fee. This is a clear violation of the stipulated rules. According to rule VII of Rules and Regulations of Jammu and Kashmir Private Schools (Fixation, Determination and Regulation of Fee) rules, 2022 private schools are required to submit a proposal on proper format for fixation of fee to the committee before three months from commencement of the new academic session. In case the school fails to submit proposal for fixation regulation and determination of fee within stipulated time the Chairperson is empowered to initiate necessary action for non compliance, provided by rules as under: The Committee shall recommend to the appropriate authority to bar the Private School from taking any new admission for next academic year or to impose a fine equivalent to 10 percent of the total revenue generated by the private school/society /trust person of individual in the preceding year, as applicable;
the Committee may recommend to the to Appropriate authority for taking the following action; (a) to take over the management of the private School until it
submits a proposal and once the management of the private School has been taken over, the Government shall appoint an Administrator not below the rank of
Sub-Divisional Magistrate as Administrative Head of the Private School to ensure its smooth functioning at the cost of the School’s fund. During this period, no further
developmental/ procurement/ construction activities shall be taken up in the Private School except activities related to education and safety of children; (b) the
appropriate authority may withdraw permission and the recognition the Private School as per the procedure laid down,” it added.
The FFRC has also taken cognizance of the higher fee being charged by the Minto Circle.
“You were required to charge fee fixed by this committee. Complaint has been received that you are charging fee by making a hike of 20%. It is despite of the fact that the fee has been fixed by the committee as per above mentioned order. In case, you were aggrieved of this order, the remedy was to appear before this committee for reconsideration of the order which you have not done. Instead,when the parents approached you, you have shown disrespect to this committee by telling them that you don’t bother to obey the orders of the FFRC. It has been observed by the committee that you do not comply with the orders issued by the Government/Committee from time to time and complaints mentioning of collection of Fee at exorbitant rates by your school are pouring in this committee. You have been defying orders of the committee from 2015 onward, which shows your disrespect for the committee. Time and again notices were issued against you but you failed to appear every time,” order against Minto Circle read.
“Let me remind you that you are violating the orders of the committee and as per the rules and regulations of Jammu &Kashmir Private Schools (Fixation, Determination & Regulation of Fee) Rules,2022 the following punishment is provided as per rule 12 (a)(f)(g)(h)8s(I) which reads as under:-(a) The parents may submit a written complaint to the chairperson for noncompliance of order of the committee. On non-compliance of the order of the committee/ Chairperson the chairperson shall impose a fine on private school equivalent to 1% of the total revenue generated in preceding year for the first time of non-compliance; 3% for the-second time of non-compliance; 5o/o for the third time of non-compliance.”
“Undersigned proposes to impose penalty of 1% of the revenue of the preceding year (which comes to approximately 32 lac as per audit report submitted by you reflecting the revenue the school receives) and also recommending to the appropriate authority for taking over the management of the school. Before doing that, you are directed to appear before this committee on 17/05/2024 at 3pm to explain your position. Failing which, action as mentioned above shall be initiated against your school without any further notice,” the FFRC order added. The FFRC has also cited the fee structure of the Minto Circle school which was not being adhered to.