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2024 Supreme(Guj) 320

SUNITA AGARWAL, ANIRUDDHA P. MAYEE
State Of Gujarat – Appellant
Versus
Shreyas School Through Its Principal Arti Venkatesh Trivedi – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MS MANISHA LAVKUMAR SHAH, ADDITIONAL ADVOCATE GENERAL with MR SIDDHARTH RAMI
For the Respondent: MR MIHIR JOSHI, SR. ADV. with MR MITUL K. SHELAT and MS DISHA N NANAVATY, MR KM ANTANI, MR SATYAM CHHAYA with MS GARIMA MALHOTRA, MR NIKUNT K RAVAL, MR DIPAK B PATEL, MR BAHVYARAJ K GOHIL

JUDGMENT :

SUNITA AGARWAL, J.

1. The delay occurred in filing the Civil Applications seeking leave to Appeal, has been explained to the satisfaction of the Court. Hence, all Civil Applications in the connected matters for condonation of delay are, accordingly, allowed.

2. The Civil Applications for leave to appeal in all the connected matter are allowed, accordingly.

3. The appeals, in this bunch, have been filed by the State through the Secretary, Education Department, Government of Gujarat challenging the judgment and order dated 22.07.2022 passed by the learned Single Judge in remitting the matter for fresh consideration to the Fee Regulatory Committee (in short as “FRC”) to decide on the fee proposal of self- financed schools in the State of Gujarat as per the Gujarat Self-Financed Schools (Regulation of Fees) Act, 2017 (in short as “ the Act’2017) and the Gujarat Self Financed Schools (Regulation of Fees) Rules, 2017( in short as “the Rules’ 2017”).

4. The directions issued by the learned Single Judge are primarily on the quorum of the Fee Regulatory Committee as also the method adopted by the Committee in determination of fee on the proposal submitted by the institutions.

5. The ma

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