The Madurai Bench of the Madras High Court on Wednesday ordered notice to the State on a public interest litigation petition that sought a direction to the authorities to conduct a comprehensive, independent, and time-bound inquiry into the illegal and unauthorised collection of excess fees by government aided schools.

A Division Bench of Justices N. Sathish Kumar and M. Jothiraman was hearing the petition filed by Brother M. Michael Thangaraja of Uthamapalayam in Theni district. The petitioner alleged that the managements of three schools in Theni, Ramanathapuram, Tiruvannamalai districts respectively were collecting excess fees.

He said the State government had waived the collection of special fees from students studying in government and aided schools. However, the school managements were collecting the unauthorised amounts from students, he said.

He said the collection of unauthorised fees by aided educational institutions receiving government support was contrary to public policy, constitutional morality and educational justice. The educational authorities were duty bound to supervise schools to prevent the exploitation of students. Failure of the authorities to act amounts to abdication of statutory and constitutional responsibilities. The Supreme Court has repeatedly held that education is not a commercial commodity and institutions cannot indulge in profiteering.

He sought a direction to the authorities to restrain schools from collecting any amount in excess of the fees prescribed under the applicable government orders and statutory regulations. He also sought a direction to the authorities to identify, quantify and recover the excess amounts unlawfully collected and ensure prompt refund of the same to the affected students and parents and initiate proceedings against persons responsible for such unlawful acts.

Further, he sought a direction to the authorities to put in place a transparent and accountable mechanism for strictly monitoring and regulating fee collection in aided educational institutions across the State. The court posted the matter for hearing to July 15.