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B. R. GAVAI, K. VINOD CHANDRAN, N. V. ANJARIA
Apeejay School – Appellant
Versus
Dhriti Duggal – Respondent
JUDGMENT :
K. VINOD CHANDRAN, J.
1. Leave granted.
2. The appellant is an unaided private school which filed suits for recovery of money, against the students and their parents, which recovery was of the fee hike notified to the parents and their wards, which the parents failed to remit. The suits were decreed by the trial court and in the appeals filed by the defendants, minor modifications were made to the decretal amount and the interest levied, which was reduced from 12% to 6%. The trial court directed the recovery subject to the outcome of the decision of the Fee and Fund Regulatory Committee (hereinafter referred to as “FFRC”) established under the Haryana School Education Act, 19951 [“the Act”] and Haryana School Education Rules, 20032 [“the Rules”] which body was entrusted to go into the reasonableness and justification of the hike in fees.
3. In appeal, the Appellate Court, while affirming the judgment and decree, directed refund of the entire amounts if the FFRC finds in favour of the defendant students. The plaintiff school filed a Review Petition before the Appellate Court pointing out that, if at all, the FFRC holds in favour of the defendant students, the refund can be on
Recovery of fees by an institution from students or parent, is not a power conferred on Government or its authorities by statute or rules prescribed – There is no ouster of jurisdiction of Civil Cour....
The Fee Committee exceeded its jurisdiction by adjudicating complaints post-enactment of the Punjab Regulation of Fee of Unaided Educational Institutions Act, 2016, leading to the quashing of its ord....
The Fee Fixation Committee is authorized to verify school fees against provided facilities, and the trial court's order directing this verification was upheld with specific modifications regarding th....
The Fee Fixation and Regulation Committee's jurisdiction is limited to fee regulation and does not extend to mandating the establishment of a trust for private schools.
(1) Director, Secondary Education has no authority to issue direction in respect of fee structure in respect of private unaided schools.(2) It is for school Management to reschedule payment of school....
The court upheld the school's right to increase fees and directed the students to pay the full fees within a time-bound manner.
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