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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Govind Mathur, CJ., Saurabh Shyam Shamshery, J.
Diocese of Varanasi Education Society and Others – Petitioners
Versus
State of U.P. And Others – Respondent
WRIT - C No. 709 of 2019
Decided On : 02-07-2019
U.P. Self-Financed Independent Schools (Fee Regulation) Act, 2018 – Section 2 – 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 – Challenged – Held, Provision on its face is a reasonable and is a statutory effort to stop commercialization of education and exploitation of the students joining educational institutions including minority institutions – While assessing constitutional validity of a provision at the scale of right given under Part-III of the Constitution of India, it must be kept in vision that ultimately the rights given protects the persons/citizens/legal entities, as the case may be, from arbitrariness, unreasonability, unjustifiability and fancy – If a provision is just and reasonable and otherwise satisfies the four corners of Article 13 of the Constitution of India, it must be held constitutionally acceptable to extend the protection of any right given under Part-III – On fair analysis of the Act of 2018, we find it a legislation to ensure easy accessibility to each and every citizen and further to expand fairness and reasonability in administration of the institutions, including minority institutions, without interference therein for broader interest of the ultimate consumer, as such we do not find any violation of Article 30(1) of the Constitution of India while introducing U.P. Self-Financed Independent Schools (Fee Regulation) Act, 2018 – Writ petition dismissed . (Para 22,23 and 24)
Facts of the case:
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.
Findings of the case:
Provision on its face is a reasonable and is a statutory effort to stop commercialization of education and exploitation of the students joining educational institutions including minority institutions – While assessing constitutional validity of a provision at the scale of right given under Part-III of the Constitution of India, it must be kept in vision that ultimately the rights given protects the persons/citizens/legal entities, as the case may be, from arbitrariness, unreasonability, unjustifiability and fancy – If a provision is just and reasonable and otherwise satisfies the four corners of Article 13 of the Constitution of India, it must be held constitutionally acceptable to extend the protection of any right given under Part-III – On fair analysis of the Act of 2018, we find it a legislation to ensure easy accessibility to each and every citizen and further to expand fairness and reasonability in administration of the institutions, including minority institutions, without interference therein for broader interest of the ultimate consumer, as such we do not find any violation of Article 30(1) of the Constitution of India while introducing U.P. Self-Financed Independent Schools (Fee Regulation) Act, 2018.
Result: Writ petition dismissed
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 Act provides definitions to different important terms referred in the act including District Fee Regulatory Committee, Educational purposes, Minority educational institution and Self-Financed Independent School. For ready reference, the definitions of the terms mentioned above, as prescribed under Section 2 of the Act is quoted below:-
(a) “Affiliation” means enrolment of a recognized school among the list of approved schools of a Board for the prescribed/approved courses of studies upto Classes V, VII, X and/or XII as well as those preparing students according to prescribed courses for the Boards' examinations;
(b) “Academic Year” means commencement and end of academic session specified by the respective boards;
(c) “Appropriate authority” means the District Fee Regulatory Committee constituted under Section 8;
(d) “Board” means the Uttar Pradesh Basic Shiksha Parishad, Board of High School and Intermediate Education Uttar Pradesh, Central Board of Secondary Education (CBSE), Indian Council of Secondary Education (ICSE), International Baccalaureate (IB), International General Certificate of Secondary Education (IGCSE) or any other Board notified by the Government from time to time.
(e) “District Inspector of Schools” means an officer appointed in each district of the State in such manner as may be prescribed or any other officer authorized by the Government to exercise the powers and perform the functions of District Inspector of Schools of Secondary Education;
(f) “District Fee Regulatory Committee” means the District Fee Regulatory Committee constituted under Section 8;
(g) “Educational purposes” means any educational activity undertaken by a recognized school, inter alia, including, creation of courses/curriculum, patents, research and development activities, teacher training programmes, staff development programmes, up-gradation of technology, vocational training, co-curricular activities and sports related infrastructure and equipment and establishment of a new branch or a new school;
(h) “Eligible educational entity” means of society registered under the Societies Registration Act, 1860 or public trusts or trusts created under the Indian Trusts Act, 1882, or companies registered under the Companies Act, 2013 or any other entity permitted by any of the Boards which operates, manages and maintains recognized schools in the State;
(i) “Government” means the Government of the State of Uttar Pradesh;
(j) “Guardian” means a parent or a person whose name is registered in school as guardian by the parent of a student;
(k) “Head of the school” means the principal or as may be called by any other name of a recognized school designated by the eligible educational entity to manage the administration and
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