The Federation of Union of Managers of Private Secondary School and the Alex Bhujoharry Company, owner of Bhujoharry College, believe that the Comprehensive Grant Formula 2024-2026 prevents them from recovering investments already made to improve their educational and sports infrastructure.
A first round won for the Federation of Union of Managers of Private Secondary School (FOM) and the Alex Bhujoharry Company, owner of Bhujoharry College. This Wednesday, July 3, the Supreme Court granted them authorization to challenge the decision of the Private Secondary Education Authority (PSEA) to apply the new grant formula for private colleges. They will thus be able to challenge, through a judicial review, the formula entitled “Comprehensive Grant Formula (CGF) 2024-2026”.
The federation, represented by Clement Wong Yoon Wong Ah Sui, and the Alex Bhujoharry Company, represented by Ramdass Ellayah, claim that this new formula does not take into account their proposals. In an affidavit sworn by both parties and drafted by Me Zubeida Salajee, Senior Attorney, it is added that the CGF 2024-2026 prevents the principals of private colleges from recovering the investments already made to improve their educational and sports infrastructures. In addition, it does not adequately compensate the value of their land and other facilities, according to them.
During the hearing before Justices Aruna Devi Narain and Iqbal Maghooa, PSEA’s legal representative, Assistant Parliamentary Counsel Navina Parsuramen, informed the court that she was withdrawing her objections to the first stage of the judicial review. In return, Senior Counsel Rishi Pursem, representing FOM, did not press her request to stay the implementation of the CGF 2024-2026 until a decision on the merits of the matter is taken.
In addition, Redfield Company Ltd, which operates Labourdonnais College, was also granted leave by the judges to proceed with its judicial review. The company, represented by Mr Shafik Cassim Jeehan and Mr Dya Ghose-Radhakeesoon (solicitors), is challenging a decision taken by the PSEA and announced in a circular dated October 9, 2023. The circular informed the manager of the said college that he would be eligible for a monthly interim subsidy of Rs 895,434.66 under the (CGF) 2024-2026. The company’s counsel has dropped his application seeking to stay the implementation of the new formula pending a decision of the Court in the matter.
Finally, the FOM requested, in a press release dated July 3, 2024, the intervention of the Prime Minister on the issue. It says it is in favor of the appointment of a mediator for a round table with the PSEA, its technicians and the members of the Federation, in order to find a solution.
