The order, delivered by Justice A P Shah, has directed the pre-primary school to refund the money within four weeks from today during a hearing on a contempt petition filed by the parents' association of the school's pre-primary section and secondary section, the Lilavatibai Podar High School. The school is affiliated to the Delhi-based Indian Certificate of Secondary Education board.

The court has asked the management to refund the excess fees over and above that collected from the pre-primary section in the previous academic year ie, 1997-98. It had been increased from Rs 450 to Rs 700 for the pre-primary section and Rs 750 for the primary section.

The parents association had challenged the fee hike in a writ petition being heard by a division bench comprising Chief Justice M B Shahand Justice A Y Sakhare, claiming the school had violated Section 4 of the Maharashtra Educational (Prohibition of Capitation fees) Act 1987. It alleged that the authorities, under the guise of various heads, has been extorting money from parents.

It said the state government had permitted secondary schools to charge Rs 270 in 1994 but had not received any application for a subsequent increase from the Anandilal Ganesh Podar Society, which runs the schools.

However, the school, vide a circular to its students dated July 3, 1998, claimed it had received permission from the Brihanmumbai Municipal Corporation to charge Rs 700 from pre-primary students and Rs 750 for the primary section, the association maintained.

Also, the school, run by the Anandilal Ganesh Podar Society, a charitable trust, has not submitted its accounts to the Charity Commissioner since 1987, the association pointed out. Issuing a stay order on April 29, the division bench had directed the school not to charge fees higher than thatsanctioned by the state government, which is Rs 270. It also directed the school to submit an application before the state government for an upward revision in fees. The government relevant authorities were also directed to take a decision within three weeks from receipt of the application.

However, on June 11, the school made an application before the High Court for modification of the stay order, which was subsequently turned down. The school nevertheless went ahead and charged the revised fees amounting to Rs 700 per month from pre-primary students, which prompted the parents' association to file a contempt petition on June 26.

The advocate for the association, Kumud A Bhatia says Justice A P Shah observed today that the management of the school was in breach of the order passed by the division bench. Hence, the judge has directed the president of the Anandilal Ganesh Podar Society to refund the excess fees collected by the pre-primary section.