CAV JUDGMENT

1.Vinay N.Pandya, Secretary of New Era Senior Secondary School Parents' Association and others, petitioners have filed this petition under Article 226 and 227 of the Constitution of India for a writ of mandamus, writ in nature of mandamus, directing the respondent no.1, the Union of India, Ministry of Human Resource Development and Central Board of secondary Education to constitute a regulatory authority or body consisting of experts in the field of education, accountancy and related fields and frame regulatory measures to check commercialization of education, profiteering by Private Unaided Self-finance Educational Institutions running Schools from K.G. To Standard-12 all over India.

1.1 Petitioners further prayed that existing fee structure and steep hike in the fee for the academic year 2005-2006 by the New Era Senior Secondary School and Balwadi, respondent no.6, (hereinafter referred to as 'School') and The Gujarat New Era Education Trust, respondent no.7 (referred to as 'Trust') amounts to profiteering, imposition of capitation fee and commercialization of education and therefore, in violation of law laid down by the Hon'ble the Supreme Court of India in the matter of TMA Pie Foundation and others v. State of Karnataka and others reported in (2002) 8 SCC 481, Islamic Academy of Education v. State of Karnataka reported in (2003) 6 SCC 697 and Modern School v. Union of India reported in (2004) 5 SCC 583 and arbitrary irrational, discriminatory, disproportionate, unfair, unjust, unreasonable, violative of conditions of lease deed executed between respondent nos.6 and 7 and respondent Municipal Corporation of Vadodara, violative of trust objectives stated in the approved scheme in view of Bombay Public Trust Act, 1950 and therefore, violative of Article 14, 19 and 21 of the Constitution of India. Petitioners prayed for further prayers in this behalf.

2.The facts giving rise to this petition are as under:

2.1 Petitioners are parents and representative of parents of students of School and Balwadi, which is run by respondent no.7, registered Charitable Trust engaged in the field of education. The Respondent School is a Private Unaided Self-finance School imparting education to students from K.G to Standard-12.

2.2 As stated above, the Municipal Corporation of Vadodara has given on lease to the respondent trust a piece of land admeasuring about 11460 sq. meters in T.P.Scheme No.123, Nizampura at Vadodara bearing Final Plot NO.430. A resolution to this effect was passed in the year 1978 and Lease Deed was executed between the respondent Corporation and the respondent trust on 4/12/1985. Condition No.11 in the Lease Deed categorically states that after the construction of the school is over, the trust shall not demand any building fund or fund for any other purpose by donation or otherwise. If it is found out that the trust is demanding such fund, then the Lease Deed shall be cancelled and the possession of the land will be taken back. And no amount of compensation or damage in any nature will be paid to the trust. The petitioners state that the amount of lease to be paid by the respondent trust as stated in the lease deed is Rs.1240/- per year.

3.It is the case of the petitioners in the petition that for the academic year 2003-2004, the fee charged by the school was Rs.10,740/- per year. For the academic year, 2004-2005, the same was increased to Rs.13,220/- i.e. 23% and in the present academic year the fee has been hiked to 20,370/- i.e 54%. Thus, it is a contention of the petitioners that in last two years the total rise in the fee is Rs.9,630/- and as compared to the previous academic year the rise in the fee is Rs.7,150/-.

4.It is the case of the petitioners that in the name of development and other nomenclature, the school, respondent no.6 and trust, respondent no.7 have continued to impose fees on the students which is directly in contravention of the lease deed which has been referred earlier. In the present academ