Kerala High Court Upholds Fee Enhancement by Private Unaided Schools

Court Dismisses Petition Against CBSE School Fee Hike, Affirms Schools' Right to Determine Fees

In a significant decision, the Kerala High Court has dismissed a writ petition challenging the fee enhancement by a private unaided school affiliated with the Central Board of Secondary Education (CBSE). The petition was filed by Gouri Sudha and others, represented by their parents, against the White School, where they are currently studying. The petitioners contended that the school had unilaterally increased tuition fees and other charges by 26.66% for the academic year 2025-2026 without following the mandatory procedures outlined in the CBSE Affiliation Bye-laws, 2018.

The petitioners argued that the fee hike was implemented without the approval of a properly constituted School Management Committee, as required under Clause 7.5.2 of the CBSE Affiliation Bye-laws. Furthermore, they claimed that the committee lacked effective representation from parents and did not meet the required gender representation norms.

Respondents, including the school's management and CBSE representatives, countered that the fee enhancement was necessary to maintain the school's financial stability, especially after significant fee reductions during the COVID-19 pandemic. They asserted that the average fee increase was only 17% and that the School Management Committee's constitution had been rectified in the current academic year.

Presiding Judge Mr. N. Nagaresh, J., ruled in favor of the respondents, stating that private unaided schools possess the right to levy appropriate fees in the absence of any statutory mechanism imposing restraints on fee fixation. The court emphasized that the role of CBSE does not extend to regulating fee structures but is limited to granting affiliation and ensuring compliance with its bye-laws.

The court concluded that the writ petition lacked merit, reaffirming the autonomy of private unaided schools in determining their fee structures, and dismissed the case.

Statutory provision(s): Rights of Children to Free and Compulsory Education Act, 2009 Section 2(n)(iv), CBSE Affiliation Bye-laws, 2018 Clause 7.5.2, Clause 8.2

Gouri Sudha v. Central Board of Secondary Education, (Kerala) : Law Finder Doc Id # 2797086