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2021 Supreme(P&H) 539
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JASWANT SINGH, SANT PARKASH, JJ.
Independent Schools' Association Chandigarh and others - Petitioner
Versus
Union of India and others – Respondent
Civil Writ Petition No. 7706, 7761 of 2020 (O&M)
Decided On : 28-05-2021
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
Subject
Administrative Law - Education Regulation
Act Referred
COMPANIES ACT: S.25
CONSTITUTION OF INDIA: Art.251, Art.252, Art.253, Art.254, Art.255, Art.162, Art.30, Art.14, Art.19, Art.21, Art.245, Art.2, Art.3, Art.4, Art.30(1), Art.19(6), Art.142, Art.25, Art.26, Art.29(1), Art.19(1)(g), Art.246, Art.247, Art.248, Art.249, Art.250
DELHI LAWS ACT: S.7
DELHI SCHOOL EDUCATION RULES: R.177, R.176
EAST PUNJAB URBAN RENT RESTRICTION ACT: S.13
PUNJAB REORGANISATION ACT: S.87
REORGANISATION ACT: S.87
Headnote
(B) The legitimacy of imposing penalties under the 2016 Act upheld; penalties intended for non-compliance with regulations governing unaided educational institutions, which must not indulge in profiteering. (Paras 88 and 110)
(C) Issues of maintainability of writ petitions by educational associations questioned; no representative from private schools in regulatory body not deemed unlawful. (Paras 7, 90 and 92)
(D) Appeals dismissed against the modifications as they were regulatory and did not infringe upon minority rights. (Para 112).
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) It shall come into force on and with
effect from the date of its publication in
the Official Gazette.
1. Short Title and commencement --
(1) This act may be called the Punjab
Regulation of Fee of Un-aided
Educational Institutions Act, 2016 as
extended to the Union Territory of
Chandigarh.
(2) It shall come into force on and with
effect from the date of its publication in
the Official Gazette.
Nil (aa) 'Administrator' means the
Administrator of the Union Territory
of Chandigarh appointed by the
President under Article 239 of the
Constitution.
(b) 'Affiliation' means inclusion of the
name of an institution in the approved
list of affiliated institutions with the
Punjab School Education Board or any
other such board or authority, approved
and authorized by the Central
Government for admitting in to the
privilege of the said board or authority;
(b) 'Affiliation' means inclusion of the
name of an institution in the approved
list of affiliated institutions with the
Central Board of Secondary
Education or any other such board or
authority, approved and authorized by
the Central Government for admitting in
to the privilege of the said board or
authority;
(i) 'Government' means the Government
of the State of Punjab in the Department
of School Education;
Omitted
3. Constitution of Regulatory Body-
(1) There shall be constituted a
Regulatory Body to be known as the
Regulatory Body for Regulating Fee of
Un-aided Educational Institutions at the
Divisional level in the State of Punjab to
exercise the powers conferred upon and
perform the functions assigned to it
under this Act.
(2) The Regulatory Body shall consist
of the following, namely :-
a. Divisional Commissioner of the
concerned Chairperson; division;
b. Circle Education Officer of the
concerned Member Secretary;
division;
c. District Education Officer
(Secondary Member; Education)
posted at the concerned
Headquarter of the division;
d. District Education Officer
(Elementary Member: Education)
posted at the concerned
Headquarter of the division;
e. Two members to be nominated
by the Nominated Member;
Government from amongst the
eminent educationist of the
concerned division;
f. One member to be nominated by
the Divisional Nominated
Members. Commissioner from
amongst the Deputy Controllers
(Finance and Accounts) or
Assistant Controllers (Finance
and Accounts) working in the
concerned division.
(3) The nominated members referred to
in sub-section (2), shall be paid such
remuneration and travelling allowance
for attending the meeting of the
Regulatory body, as may be prescribed. 3. Constitution of Regulatory Body-
(1) There shall be constituted a
Regulatory Body to be known as the
Regulatory Body for Regulating Fee of
Un-aided Educational Institutions at the
Divisional level in the State of Punjab to exercise the powers conferred upon and perform the functions assigned to it
under this Act
