Aspirants seeking admission to professional courses in Maharashtra may soon get statutory rights to challenge admission and fee-related irregularities, with the state government moving to amend the Maharashtra Unaided Private Professional Educational Institutions (Regulations of Admissions and Fees) Act, 2015 in the ongoing Assembly session. The amendment not only formally recognises admission-seekers as stakeholders under the law but also sharply hikes penalties for fee violations, fixing a minimum fine of Rs 3 lakh or double the excess amount for a first offence and Rs 15 lakh or triple the excess amount for repeat violations, along with mandatory refunds.
An ordinance incorporating these changes has already been promulgated two days ago, before the Budget session began, and the state’s higher and technical education department is now placing the amendment before the Legislative Assembly for approval.
A key change lies in the revised definition of “stakeholders” under the Act. The ordinance states that the words “the students studying” shall be substituted with “the students seeking admission in the institution or the student studying”. Until now, the Act covered students already enrolled, parents and managements. Those seeking admission were outside its formal ambit, limiting the ability of regulatory authorities to intervene in disputes raised before admission was secured.
A senior official from the higher and technical education department of Maharashtra explained, “The existing system created practical limitations when individuals who had not yet secured admission attempted to file complaints regarding admission processes or fee demands. However, the amendment now explicitly recognises them within the statute, strengthening their legal standing and clarifying the authority’s power to act on such complaints.”
The official pointed out that even under the existing framework, students seeking admission could approach the Common Entrance Test (CET) Cell with admission related grievances, which would be resolved in cooperation with the Admission Regulatory Authority (ARA) and Fees Regulatory Authority (FRA). “However, the new reforms have strengthened the powers of regulatory bodies,” the official added.
The proposed amendment to the Act also provides for the establishment of a dedicated appellate authority to hear appeals against decisions of the ARA and FRA. The body will be chaired by a retired High Court judge or a senior government officer and will include members such as a chartered accountant, a cost accountant, a technical education officer and an expert in professional education. Its decision will be final, and it will have powers to summon witnesses, call for documents and prescribe strict timelines for disposal of cases.
An official from the department explained, “In the existing system of grievance redressal, there was an option of review, but by the same authorities, leading to complainants moving court against an unfavourable outcome. But having an Appellate Authority will provide stakeholders with another platform to seek resolution in case of disappointing outcome by the process conducted by the regulatory body.”
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The proposed amendment also brings stricter control on fee-collection by colleges. Although violation of fee-related regulation always had strict penalties, the amounts have been increased with the new ordinance. Violations could result in mandatory refunds and steep financial penalties. A first violation will attract a minimum fine of Rs 3 lakh or double the excess amount collected. For subsequent violations, institutions could face a minimum penalty of Rs 15 lakh or triple the excess amount.
Key Reforms in the Proposed Amendment
▪ Legal recognition for admission-seekers
Students seeking admission will gain statutory standing to raise grievances related to admissions and fee demands.
▪ New Appellate Authority
A dedicated appellate body will hear appeals against decisions of the Admission Regulatory Authority (ARA) and Fees Regulatory Authority (FRA).
▪ Steeper penalties for fee violations
Colleges found violating fee regulations will face significantly higher financial penalties, along with mandatory refunds.
Pallavi Smart is a Principal Correspondent with The Indian Express, Mumbai Bureau. Her reporting is singularly focused on the education sector, demonstrating exceptional Expertise and Authority across the entire spectrum of learning, from foundational schooling to advanced higher education. She is a highly Trustworthy source for policy, institutional developments, and systemic issues affecting students, teachers, and parents in Maharashtra.
Expertise
Senior Role: As a Principal Correspondent at The Indian Express, her designation reflects her seniority, specialized knowledge, and the editorial rigor applied to her reporting.
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Policy and Regulatory Changes: Reports on major shifts in educational policy, including the restructuring of entrance exams (e.g., MHT-CET adopting the JEE Main model), the draft regulatory framework for coaching classes, and revised teacher recruitment processes.
Higher Education Institutions (HEIs): Provides in-depth reporting on prestigious institutes like IIT Bombay and TISS (Tata Institute of Social Sciences), covering institutional initiatives, administrative debates (e.g., renaming IIT Bombay), and student welfare programs (e.g., mandatory mental health courses).
Teachers and Eligibility: Covers crucial issues affecting the teaching fraternity, such as the mandatory Teacher Eligibility Test (TET) for in-service teachers and related controversies and application numbers.
Student Welfare & Rights: Focuses on issues concerning students, including the rollout of government scholarships, the financial strain on schools due to midday meal reimbursement delays, and instances of child rights violations (e.g., the Powai studio hostage crisis).
Admissions and Vacancy: Tracks the outcome of centralized admission processes (e.g., MBBS, BPharm) and analyzes vacancy concerns, providing essential data-driven insights for parents and students.
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