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2019 Supreme(All) 1109

GOVIND MATHUR, SAURABH SHYAM SHAMSHERY
Diocese of Varanasi Education Society – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Pankaj Srivastava

JUDGMENT :

1. To regulate fees in self financed independent schools in the State of Uttar Pradesh and the matter connected therewith or incidental thereto, the Uttar Pradesh State Legislature enacted an act in the name of “U.P. Self-Financed Independent Schools (Fee Regulation) Act, 2018”. The enactment aforesaid received the assent of the Governor on 12th September, 2018 and came to be published in the U.P. Gazette, Extraordinary, Part I, Section (Ka) dated 12th September, 2018.

2. The act aforesaid is having application to all Self-Financed Independent Schools of Pre-Primary, Primary, Upper Primary, High School and Intermediate Colleges granted recognition/affiliation by boards defined under clause (c) of Section 2 by Uttar Pradesh Basic Shiksha Parishad, Board of High School and Intermediate Education Uttar Pradesh, Central Board of Secondary Education, Indian Council of Secondary Education, International Baccalaureate and International General Certificate of Secondary Education or any other Board notified by the Government from time to time. The act is also having application on minority institutions recognized/affiliated by any of the boards referred above.

3. Section 2 of the Ac

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