‘Can’t seek review of college fees with retrospective effect’

‘Can’t seek review of college fees with retrospective effect’

Yogita.Rao@timesgroup.com

Mumbai:15.11.2020  

Educational institutions cannot retrospectively seek review of fees fixed by Fee Regulating Authority (FRA), ruled the quasi-judicial body after a complaint by students from a private management institute. FRA, in a “well-reasoned and an elaborate” order, pointed out that the institute cannot seek review of fees fixed in 2018, when it opted for no revision in the subsequent year, acquiescing to the fee structure fixed by the authority for two academic years.

N L Dalmia Institute of Management Studies and Research from Mira Road charged MMS students of 2019-20 batch nearly Rs 2.3 lakh, over and above fees (tuition and development) approved by FRA of nearly Rs 1.9 lakh. Two students from 2019-20 batch complained to FRA that the college collected extra and submitted receipts.

FRA sought an explanation from the institute, which sought review of the fee structure approved by the authority on January 24, 2018. Citing a provision of the regulatory act, FRA stated that “if the fee approved by the authority is not acceptable to the institution, it may file a review application with detailed reasoning within 15 days from the date of communication”. The institute did not file any review application in 2018. It opted for no upward revision on FRA’s portal in 2019, retaining fees at nearly Rs 1.9 lakh even for 2019-20 batch of 240 students. Therefore, the review application filed now cannot be applicable for both academic years, said the order.

The 2018-19 batch graduated and 2019-20 batch will complete the course in six months. “It is strange a review application for hike in fees is retrospectively being sought, which in no circumstance is permissible,” stated the order of the regulatory body, headed by retired high court judge, Justice M N Gilani.

The institute authorities were not reachable for comments but an official said they provide value-added courses to students to make them industry-ready and receipts were provided. The institute CEO, before the FRA, mentioned “excellent infrastructure, best placement record and many other welfare measures undertaken by the institute”.

An FRA member said the institute will be given a chance to justify excessive fees but if there is no valid reason, as in most such cases, institutes have to refund excessive fees.

TIMES VIEW: FRA gives colleges 15 days to seek review of fees fixed by it. Colleges are expected to file a review application justifying higher fees within that period if they are not convinced with the approved fees. If the college has voluntarily accepted the fees, it weakens its stand in charging excessive fees. Anything charged above tuition fees may be seen as capitation fees by the regulatory body.