JUDGMENT :

1.

I- Introduction

All these petitions are filed by the Self Financed schools challenging the orders passed by the Fee Regulatory Committee (Self- Finance Schools) and/or Fee Revision Committee under the provisions of the Gujarat Self Financed Schools (Regulation of Fees) Act, 2017 (For short "the Act, 2017") and the Gujarat Self Financed Schools (Regulation of Fees) Rules, 2017(for short "Rules, 2017").

2. With the consent of the learned advocates, these petitions are heard finally and are being disposed of by this common judgment and order as the issues arising in these petitions are more or less similar.

3. The constitutional validity of the Act, 2017 was challenged before this Court by filing Writ Petition (PIL) No. 132 of 2017 and other similar petitions. The Division Bench of this Court (Coram : Hon'ble the Chief Justice Mr. R. Subhash Reddy and Hon'ble Mr. Justice Vipul M. Pancholi) by judgment and order dated 27th December, 2017 upheld the constitutional validity of the Act, 2017 by arriving at the following conclusion on various issues raised by the petitioner therein:

"61. In view of the aforesaid discussion and reasons, we arrive at the following conclusion on various issues raised by the petitioners :

(A) The respondent State has legislative competence to enact the Gujarat Self Financed Schools (Regulation of Fees) Act, 2017 and the Rules framed thereunder, including for the schools affiliated to CBSC, ICSE and IB and the provisions of said Act and Rules framed thereunder are also not repugnant to the Right of Children to Free and Compulsory Education Act, 2009.

(B) Sections 2(g), 2(r), 2(t), 2(u), 3, 8, 9, 10, 11 and 12 of the Gujarat Self Financed Schools (Regulation of Fees) Act, 2017 and the Rules 6,7 and 8 and Form II and its Annexures of the Gujarat Self Financed Schools (Regulation of Fees) Rules, 2017 are not violative of Article 14 and 19(1)(g) of the Constitution of India and the various restrictions in the above said provisions of the Act and Rules framed thereunder are reasonable restrictions, within the meaning of Article 19(6) of the Constitution of India.

(C) The provisions of the Gujarat Self Financed Schools (Regulation of Fees) Act, 2017 and the Rules framed thereunder are not violative of the rights guaranteed under Article 30 of the Constitution of India with regard to the minority institutions.

(D) Constitution of Fee Regulatory Committee, and Fee Revision Committee under Sections 3 and 12 of the Gujarat Self Financed Schools (Regulation of Fees) Act, 2017 are not unconstitutional, as contended by the petitioners.

(E) Provisions of the Gujarat Self Financed Schools (Regulation of Fees) Act, 2017 and the Rules framed thereunder are not retrospective in nature, as pleaded by the petitioners.

(F) Notification dated 25.04.2017 issued section 9(1) of the Gujarat Self Financed Schools (Regulation of Fees) Act, 2017 is valid. However, we permit the Association of various categories of schools to file representation to the Competent Authority within a period of six weeks from today for modification of exemption limit notified in the notification. If such representations are filed, the Competent Authority to consider such representations and pass appropriate orders within a period of six weeks thereafter. If the Competent Authority comes to the conclusion that exemption limit is required to be revised, it shall take necessary steps to issue necessary notification by publication in official gazette and same would be effective from the academic year 2018-19.

(G) We further make it clear that it is open to the Self Financed Schools which are required to submit proposal in Form II to the Fee Regulatory Committee for fixation of fees to propose fees not restricting to various types of fees notified under section 2(g) of the Gujarat Self Financed Schools (Regulation of Fees) Act, 2017 or type of income show