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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
SANJEEV KUMAR, SANJAY PARIHAR
New Convent High School, Gogji Bagh Srinagar – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Sanjeev Kumar, J.
1. This petition, filed by the petitioners-private schools under Article 226 of the Constitution of India, seeks to challenge the following orders:
(i) Government Order No. S.O. 3466(E) dated 05.10.2020, issued by the Department of Jammu & Kashmir and Ladakh Affairs, Ministry of Home Affairs, Government of India, whereby major amendments were introduced in the J&K School Education Act, 2002, as applicable to the Union Territory of Jammu & Kashmir, providing for the constitution of the Committee for Fixation and Regulation of Fee of Private Schools, J&K (FFRC) by inserting Sections 20A to 20J, empowering the Committee to fix and regulate the fee structure of private unaided schools;
(ii) S.O. No. 177 of 2022 dated 15.04.2022, whereby further amendments have been made to the J&K School Education Act, 2002;
(iii) Order No. 01-FFRC of 2022 dated 09.03.2022 issued by the Committee for Fixation and Regulation of Fee of Private Schools, enhancing the transport fee by 12%, which had earlier been fixed by the Committee in October 2019;
(iv) Order No. 09-FFRC of 2022 dated 06.10.2022 whereby an increase of 14% has been allowed in the transport/bus fee;
(v) S.O. No. 233
The Fee Fixation and Regulation Committee's jurisdiction is limited to fee regulation and does not extend to mandating the establishment of a trust for private schools.
(1) Director, Secondary Education has no authority to issue direction in respect of fee structure in respect of private unaided schools.(2) It is for school Management to reschedule payment of school....
The Fee Committee exceeded its jurisdiction by adjudicating complaints post-enactment of the Punjab Regulation of Fee of Unaided Educational Institutions Act, 2016, leading to the quashing of its ord....
Unaided recognized schools - Prohibition for not collecting part of annual charges not justified – School dependent only on fees collected to cover their salary, establishment and all other expenditu....
Private unaided schools hold the autonomy to set fee structures; regulatory actions must stem from clear evidence of profiteering, not general circumstances like a pandemic.
Private educational institutions can set their own fee structures, provided they do not engage in profiteering or capitation fees, adhering to principles established in precedential Supreme Court cas....
Point of law: The right to establish an educational institution can be regulated; but such regulatory measures must, in general, be to ensure the maintenance of proper academic standards, atmosphere ....
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