The government is empowered to prescribe norms and conditions for the functioning of recognized schools, including the constitution of a Committee to fix the fee structure, in line with the Supreme Court's directions and the regulatory measures within the constitutional framework.

N. Paul Vasanthakumar, J.

This writ petition is filed questioning Government Order No. 520-Edu of 2013 dated 7-5-2013 and Government Order No. 344 Edu of 2015 dated 21-7-2015 constituting a Committee for fixation of fee structure of private unaided educational institutions and for direction to respondent No. 2 to decide the issue relating to charging of fee for the months of September/October, 2014 after hearing the schools and representatives and to find out as to which of the schools suffered floods, the time duration and the percentage of the fee to be deducted for two months and allow other schools which do not suffer floods to charge fee for these two months in the same manner as it was being charged previously and for direction to determine the fee hike, within one month as also the date from which the same would become applicable and direct the respondents to allow the participation of representative of the petitioner association in Fee Fixation Committee.

2. Prayer numbers (b), (c) and (d) can be considered only if prayer (a) is negatived. According to the petitioner, there are two associations of private unaided schools and the petitioner association is having total 330 members. The other Association is having membership of 40-50 members. According to petitioner, the total number of unaided schools in the State of J&K is around 2500 and approximately about 600 schools are in the process of registration/affiliation. Majority of these schools provide education up to 5th standard. Some of the schools provide education up to 8th standard. The schools offering education up to 10th and 12th standard is around 612 and 85 respectively. The total number of students studying in these schools is approximately 6 lacs and the number of teaching and non-teaching staff in these schools approximately is 54,000. There are different types of schools depending on the infrastructure, teaching facilities, and the salary paid to the staff. In some of the schools the salary of the teaching staff varies between Rs. 4000/- to Rs. 50000/- per month. Similarly for non-teaching staff the salary ranges from Rs. 4000/- to Rs. 15,000/- per month.

3. The Jammu and Kashmir Education Act is governing the administration of schools. In the year 2002 the previous Act was repealed and the Jammu and Kashmir School Education Act 2002 came into force and Rules were framed by SRO 123 dated 18-3-2010. According to the petitioner the said Act and Rules no where contemplates constitution of the fee fixation committee though Rule 9 deals with levy and collection of fee. When Government Order No. 530 Edu of 2013 dated 7-5-2013 was issued constituting the Fee Fixation Committee, a writ petition was filed in OWP No. 1182/2013 by the Jammu and Kashmir unaided private schools co-ordination committee and the said writ petition was dismissed as not pressed on 1-6-2015. Immediately after September 2014 floods, a public interest litigation in PIL No. 12/2014 was filed contending that in spite of closure of schools due to floods the schools are collecting fee and an interim order was passed not to collect fee from the students for the months of September and October, 2014. The said writ petition was finally disposed of on 1-6-2015 holding that the Fee Committee being functional, the managements can approach the said committee to clear the issue regarding the functioning of schools during September and October, 2014 and after getting permission they can collect the fee if the schools were really functional. The terms and conditions for the Chairman and Members of the Fee Fixation Committee were also issued by Government Order No. 369 Edu of 2015 dated 28-7-2015.

4. The grievance of the petitioner is that even though management of schools approached the Fee Fixation Committee to prove the factum of functioning of their schools during September and October, 2014, the 2nd respondent-Committee has not decided as to which of the schools functioned during September and Octo