On May 2, 2025, the Jharkhand High Court delivered a landmark verdict declaring the mandatory annual affiliation fee for private schools unconstitutional. Introduced under the 2019 Jharkhand Education Rules, the court found the provision arbitrary, emphasising that it infringes on the Right to Education (RTE) and restricts private institutions’ operational autonomy.
However, the court validated the 60 dismil (rural) and 40 dismil (urban) land requirement, stating that it supports infrastructural adequacy and student safety. A six-month window has been provided for schools to comply.
The court also supported the expansion of the oversight committee from six to eight members to enhance governance and stakeholder representation.
π Legal Implications for Governance & Education
This case sets a critical precedent at the crossroads of educational policy and constitutional rights. Here’s why the Jharkhand High Court Private School Affiliation Fee Verdict is significant:
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Strikes a balance between regulation and autonomy, ensuring that state control doesn’t become overreach.
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Protects educational freedom, one of the core tenets under Article 19(1)(g) of the Indian Constitution.
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Ensures infrastructure standards aren’t ignored, maintaining a baseline for student safety.
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Encourages inclusive governance by expanding the regulatory committee to include more diverse stakeholders.
π§ This verdict will likely be cited in future judicial challenges regarding private educational institution policies across India.
π Points to Remember
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The 2019 Education Rule mandating annual affiliation fees for private schools has been struck down.
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The Jharkhand High Court ruled the fee was unconstitutional, citing a violation of RTE and institutional autonomy.
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Nearly 47,000 private schools in the state are directly impacted by this decision.
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Land requirement norms of 60 dismil (rural) and 40 dismil (urban) still stand.
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A six-month grace period is provided for schools to align with the land criteria.
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The oversight committee monitoring private schools is now expanded from 6 to 8 members.
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The verdict serves as a case study in balancing regulation with rights.
Source: Hindustan
Also Read:Β Chief Justice of Jharkhand High Court
