2025:CGHC:37885-DB AFR SSIOSMTAAYAJULU DsSS D21+ i 08 IO i a g 0 S g 2: t n 5 M 2 i T e5 t 3 e 7 : A a A . d 0 0: l 0 Y 8 by 2 A . y 0 JU 1 LU HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 253 of 2021 Order reserved on: 16/07/2025 Order delivered on: 01/08/2025 Chhattisgarh Private School Management Association, A Registered Education Society registered under the Societies Registration Act, 1973, bearing No.CG Rajya 3940, having office at J.D. Daga Higher Secondary School Premises, Civil Lines, Raipur, District Raipur (CG), Through its Secretary, Motilal Jain.

--- Petitioner versus

1. State of Chhattisgarh, Through the Chief Secretary, General Administration Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, Raipur (CG)

2. State of Chhattisgarh, Through Principal Secretary, Department of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, Raipur (CG)

3. Director (Public Instructions), Directorate of Public Instructions, Mantralaya, Indravati Bhawan, Block-3, 1^st Floor, Atal Nagar, Naya Raipur, District Raipur (CG)

--- Respondents AND WPC No. 294 of 2021 Bilaspur Private School Management Association Society, A Registered Education Society registered under the Societies Registration Act, 1973, bearing reg. No.1222201936676, having office at Brilliant Public School, Mission Hospital Road, Bilaspur, District Bilaspur (Chhattisgarh) through its President, Praveen Agrawal.

--- Petitioner Versus

1. State of Chhattisgarh, Through the Chief Secretary, General Administration Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, Raipur (CG)

2. State of Chhattisgarh, Through Principal Secretary, Department of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, Raipur (CG)

3. Director (Public Instructions), Directorate of Public Instructions, Mantralaya, Indravati Bhawan, Block-3, 1^st Floor, Atal Nagar, Naya Raipur, District Raipur (CG)

--- Respondents For Petitioners : Mr. Ashish Shrivastava, Senior Advocate with Mr. Rahul Ambast, Advocate.

For Respondents/State : Mr. Rahul Tamaskar, Government Advocate.

Division Bench: -

Hon'ble Shri Sanjay K. Agrawal and Hon'ble Shri Sachin Singh Rajput, JJ.

CAV Order Sanjay K. Agrawal, J.

1. Since common question of law and fact is involved in both the writ petitions, they were clubbed together, heard together and are being disposed of by this common order.

2. Invoking extraordinary jurisdiction of this Court under Article

226 of the Constitution of India, the petitioners, who are Associations of Private Schools, by way of these two writ petitions, have called in question the constitutional validity of the Chhattisgarh Non-Government Schools Fees Regulation Act, 2020 (for short, ‘the Act of 2020’) as well as the Rules framed under Section 15 of the Act of 2020 i.e. called the Chhattisgarh Non-Government Schools Fees Regulation Rules, 2020 (for short, ‘the Rules of 2020’) branding the same as violative of the constitutional provisions including violative of Articles 14 & 19(1)(g) of the Constitution of India.

Petitioners’ Case

3. Chhattisgarh Private School Management Association –

petitioner in W.P.(C)No.253/2021, is a registered society registered under the Chhattisgarh Societies Registration Act, 1973. Similarly, Bilaspur Private School Management Association – petitioner in W.P.(C)No.294/2021, is also a registered society registered under the Chhattisgarh Societies Registration Act, 1973. These two Associations have challenged the constitutional validity of the Act of 2020 and the Rules of 2020 on the ground that they are representing non- governmental unaided private schools being members of the petitioners Associations and the provisions contained in the Act of 2020 and the Rules of 2020 are in violation of Articles 14 & 19(1)(g) of the Constitution of India and also the well settled principles of law laid down by the 11 Judges Bench of the Supreme Court in the matter of T.M.A. Pai Foundation and others v. State of Karnataka and others¹

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