Jharkhand HC strikes down annual affiliation fee for private schools, upholds land rule with 6-month relief

The Jharkhand High Court has ruled that private schools in the state will no longer be required to pay an annual fee for obtaining or renewing affiliation. The decision was issued by a division bench headed by Chief Justice MS Ramachandra Rao, following petitions filed by the Jharkhand Private Schools Association and other private school bodies. The schools had challenged three provisions under the 2019 Right to Education (RTE) Rules framed by the Jharkhand government.

According to the challenged provisions, private schools were required to pay ₹12,500 annually for affiliation of classes I to V, and ₹25,000 annually for classes I to VIII. The High Court found this requirement to be invalid and struck down the rule mandating these payments. The petitioners argued that the rule imposed an undue financial burden on private institutions operating under statutory guidelines.

While striking down the affiliation fee clause, the court upheld the government’s rule on minimum land requirements for school operations. As per the rule, rural private schools must have at least 60 decimals of land, while urban private schools must possess at least 40 decimals. The court did not find these conditions to be unreasonable but granted a six-month relaxation period to allow schools additional time to meet the land norms.

The High Court also ruled on the structure of the school affiliation committee. Previously, the committee included local Members of the Legislative Assembly (MLAs), Members of Parliament (MPs), and other public representatives. The court ordered the committee to be restructured and limited to eight members, citing administrative practicality. No names or designations for the new eight-member committee were specified in the order.

The petitioners had sought judicial review of three specific clauses: the annual fee for affiliation, the requirement of minimum land area for school premises, and the composition of the affiliation committee. The court accepted the arguments against the fee requirement and ordered relief regarding the timeline for land compliance, while affirming the validity of the land and committee restructuring rules.