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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHARGAV D. KARIA, J.
CHANDERBALA MODI ACADEMY - Appellant
Versus
THE FEE REGULATORY COMMITTEE - Respondent
SPECIAL CIVIL APPLICATION NO. 21186 of 2019
Decided On : 06-12-2021
Constitution of India, 1950 - Article 227 - Gujarat Self Financed Schools (Regulation of Fees) Act, 2017 - Section 12(3) - Gujarat Self Financed Schools (Regulation of Fees) Rules, 2017 - Sub-rule 4 of Rule 40 - FRC has given increment of 7% of the fees - Dis-allowance on account of salary, maintenance - Petitioner Institution is running Pre-primary, Primary, Secondary and Higher Secondary CBSE School - Petitioner made a proposal before respondent No.1-Fee Regulartory Committee, Surat Zone for determination of the Fees for years - sought time to appear before respondent No. - Gujarat Self Financed Schools (Regulation of Fees) Act, 2017 - Section 12(3) and 10 - Petitioner Institution being aggrieved by the provisional fees determined by Committee, filed its objections by letter respondent No.1-Committee called upon petitioner to appear for hearing and to submit documents in support of objections raised by petitioner to provisional fees determined by the respondent No.1-Committee - Case of petitioner that respondent No.1-Committee passed an order determining final fees and giving increase of 7% 2018-19 – Held, Application expenses for maintenance which have gone explanation tendered in this regard in evidence produced by way of bill does not inspire confidence said document was not placed on record before FRC Surat Zone - Explanation that FRC Surat Zone did not call for details is incorrect - Situation it is not necessary to deal with each and every item of expense disallowed for simple reason that Applicant School failed to discharge burden which is on Applicant School and there is no infirmity in conduct of proceedings by FRC Surat Zone in present case - Evidence on record it is not possible to accept any of the submissions made on behalf of Applicant School - petition dismissed.
ORDER :
Heard learned advocate Mr.Dipak B. Patel for the petitioner and learned advocate Mr.Bhagirath N. Patel for the respondent No.1.
1. By this petition under Article 227 of the Constitution of India, the petitioner has prayed for the following reliefs :
(a) Admit this petition;
(b) Allow this petition by issuing an appropriate writ, order or direction and thereby, be pleased to quash and set aside the impugned order dated 08/08/2019 passed by the Fee Regulatory Committee, Surat Zone in Proposal No. SRT ZONE/BHR /PRO/B.P.11/2017-2018/2018-2019 and order dated 04/10/2019 passed by the Fee Revision Committee in Revision Application No. 75/2019-20:
(c) Further be pleased to allow this petition by determining the fees of the petitioner school as per the proposal made by the petitioner school dated 21/03/2018;
(d) Pending admission and till final disposal of this petition, be pleased to stay the execution, operation and implementation of the impugned order dated 08/08/2019 passed by the Fee Regulatory Committee, Surat Zone in Proposal No. SRT ZONE/BHR /PRO/B.P.11/2017-2018/2018-2019 and order dated 04/10/2019 passed by the Fee Revision Committee in Revision Application No. 75/2019-20;
(e) Pending admission and till final disposal of this petition, further be pleased to permit the petitioner school to collect the fees as per the proposal dated 21/03/2018;
(f) Pending admission and till final disposal of this petition further be pleased to direct the respondent committees not to compel the petitioner to refund the balance amount;
(g) The Hon’ble Court be pleased to pass any other order or direction in the interest of petitioner and justice.”
2.1. Brief facts of the case are that the petitioner Institution is running Pre-primary, Primary, Secondary and Higher Secondary CBSE School. The petitioner made a proposal on 21st March, 2018 before the respondent No.1-Fee Regulartory Committee, Surat Zone for determination of the Fees for the years 2017-2018 and 2018-2019.
2.2. The respondent No.1-Committee by order dated 16.04.2018 determined the provisional fees of the petitioner Institution as against the proposal of the fees made by the petitioner as under :
| Section | Proposed fees 2017 - 2018 | Provisional fee Determine by the committee | Reduced Fee |
| Nursery to Std. 3 | 68,600/- | 48,020/- | (- 20,580/-) |
| Std. 4 To Std. 8 | 77,000/- | 53,900/- | (- 23,100/-) |
| Std. 9 To 12 – General | 79,800/- | 55,860/- | (-23,940/-) |
| Std. 11 & 12 - Science | 84,000/- | 58,800/- | (- 25,200/-) |
|
| |||
| Section | Proposed fees 2018 - 2019 | Provisional fee Determine by the committee | Reduced Fee |
| Nursery to Std. 3 | 76,832/- | 50,420/- | (-26,412/-) |
| Std. 4 To Std.8 | 86,240/- | 56,600/- | (-29,640/-) |
| Std. 9 To 12 - General | 89,376/- | 58,650/- | (-30,726/-) |
| Std. 11 & 12 - Science | 94,080/- | 61,740/- | (-32,340/-) |
2.3. The petitioner Institution being aggrieved by the provisional fees determined by the Committee, filed its objections and thereafter by letter dated 11.05.2018, respondent No.1-Committee called upon the petitioner to appear for hearing and to submit the documents in support of the objections raised by the petitioner to the provisional fees determined by the respondent No.1-Committee.
2.4. The petitioner sought time to appear before the respondent No.1-Committee as the key person of the Institution, Mr.N.K.Tewari (Trustee) was out of station and was also not keeping well.
2.5. It is the case of the petitioner that the respondent No.1-Committee passed an order dated 8th August, 2019 determining the final fees at the rate of 67% for the year 2017-18 and giving increase of 7% for the year 2018-19 as under :
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