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