Private school faces hefty fine for defying FFRC orders

Srinagar, Sep 12: The Fee Fixation and Regulation Committee (FFRC), Srinagar, has levied a substantial penalty of Rs 16 lakh on the Minto Circle English Medium Senior Secondary School, Aloochi Bagh, Srinagar, for non-compliance with regulatory fee guidelines and repeated disregard of the committee’s orders.
This development follows the school’s failure to deposit an earlier penalty of Rs 9.60 lakh imposed on August 19, 2024, which was due by September 2, 2024.
The dispute between the school management and the FFRC began when the committee, after reviewing the school’s fee structure, ordered that fees be charged as per the rates prevailing in August 2014. “The school had challenged this directive in the High Court, which temporarily stayed parts of the committee’s order dated December 29, 2021. However, the stay was specific to the portion regarding the takeover of school management, while the penalty imposed remained unaffected,” FFRC said in an order issued here.
Despite this, the school continued charging higher fees in violation of the FFRC’s regulated structure. On August 19, 2024, the FFRC imposed a 3% penalty amounting to Rs 9.60 lakh under Rule 12, after finding that the school had defied the committee’s previous instructions. The school was initially given ten days to deposit the penalty, with a final deadline of September 2, 2024.
In the interim, the school management filed an application seeking the recall of the August 19 order, citing a previous committee ruling from December 2021 and relying on the Supreme Court’s TA PAI case judgment. However, the FFRC found the application misleading and misconceived. According to the FFRC, the TA PAI judgment does not give schools the right to fix their own fee structure but rather allows them to propose a structure, which must then be regulated by the committee.
The FFRC also referenced a ruling from the Supreme Court in the Islamic Foundation case, which mandated the creation of a fee fixation committee to regulate private school fees. Based on these legal precedents, the FFRC underscored its authority to regulate the fee structure of private schools in Jammu & Kashmir and reiterated that the school had violated this regulation.
“After giving the school an additional opportunity to explain its position by appearing before the committee on September 5, 2024, the school management once again failed to comply. The school only follows orders that align with its interests and disregards those that do not, further reflecting the school’s lack of respect for the regulatory body,” the FFRC order reads.
In light of the continued defiance and failure to deposit the penalty of Rs 9.60 lakh, the FFRC has now escalated the fine to Rs 16 lakh, representing a 5% penalty as per the applicable regulations. The school has been directed to pay this amount within 15 days of the issuance of the order, failing which the committee will refer the matter to the Tehsildar for recovery as an arrear of land revenue under Regulation 12, Sub-Clause (i).
The FFRC has issued a stern warning to the school, stating that failure to comply with the latest order could lead to serious consequences, including potential de-recognition of the institution. The committee expressed its disappointment over the school’s persistent non-compliance and
This latest development puts the future of the school at a crossroads, as continued defiance could have far-reaching consequences for its operations and reputation.