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2021 Supreme(P&H) 539

JASWANT SINGH, SANT PARKASH
Independent Schools' Association Chandigarh – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner:Mr. Puneet Bali, Sr. Advocate, assisted by Mr. Ashish Chopra, Advocate and Ms. Swati Dayalan, Advocate Mr. Rajiv Atma Ram, Sr. Advocate, assisted by Mr. Arjun Pratap Atma Ram, Advocate
For the Respondent:Mr. Satya Pal Jain, Additional Solicitor General of India, assisted by Ms. Puneeta Sethi, Sr. Counsel, Mr. Pankaj Jain, Sr. Standing Counsel, alongwith Mr. Vivek Chauhan, Advocate, Ms. Madhu Dayal, Advocate and Mr. Nitin Kaushal, Advocate

JUDGMENT :

JASWANT SINGH, J.

The above said two writ petitions bearing CWP Nos. 7706 & 7761 of 2020 have been clubbed and are being dealt together as the controversy in the petitions and the issues involved are overlapping/similar. But for the sake of convenience, facts are being taken from the lead case viz. CWP No. 7706 of 2020.

1. The challenge in both writ petitions is to the notification dated 13.4.2018 (Annexure P-4) issued by Ministry of Home Affairs vide which while exercising the powers conferred by Section 87 of the Punjab Re-organisation Act, 1966 (hereinafter referred to as the 1966 Act), the Central Government has extended the Punjab Regulation of Fee of Unaided Educational Institution Act, 2016 (hereinafter referred to as the 2016 Act) to the Union Territory of Chandigarh with certain modifications. At the very outset, for convenience, comparative reading of the relevant provisions as applicable to State of Punjab vis-a-vis those adapted to Union Territory of Chandigarh are reproduced hereunder:-

PUNJAB As adapted to UT of Chandigarh

1. Short Title and commencement --

(1) This act may be called the Punjab

Regulation of Fee of Un-aided

Educational Institutions Act, 2016.

(2)

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