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2022 Supreme(Guj) 814

Ambe Public School – Appellant
Versus
State Of Gujarat – Respondent


Advocates appeared:
A.J.Yagnik, Dhaval C.Dave, Nikunt Raval, Mihir Joshi,Mitul Shelat, Disha Nanavaty, Mihir Thakore, R.S.Sanjanwala, Satyam Chhaya, Siddharth Sinha, B.H.Chhatrapati, Tejas Satta, Percy Kavina, Nikunt Raval, Tushar Hemani, Vaibhavi Parikh, Manisha Luvkumar Shah, K.M.Antani, Nidhi Vyas, Advocates

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 th

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