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2026 Supreme(Online)(Guj) 16385

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Nirzar S. Desai, J
RMG MAHESHWARI ENGLISH SCHOOLV/sSTATE OF GUJARAT
R/SPECIAL CIVIL APPLICATION NO.5260 of 2026 | C/SCA/5260/2026



Advocates:
For the Appellants/Petitioners: Anshin Desai, Nandish H Thackar
For the Respondents: Henil Shah, Manisha Lavkumar, Kanva Antani

A dispute regarding fee fixation by regulatory committees may be remanded for de novo consideration by a Revisional Committee to ensure a reasoned decision based on complete evidence, provided interim fee ceilings are maintained.

Headnote:The petitioner challenged the orders of the Fee Regulatory Committee and the Fee Revision Committee, as well as a consequential notice of recovery, seeking to collect fees as fixed by the institution. The court noted the petitioner's request for a de novo consideration of the matter by the Revisional Committee, allowing for the submission of additional documents and affidavits to clarify misunderstandings. The primary issue was whether the impugned fee revision and recovery orders should be set aside to allow for a fresh hearing on merits. The court reasoned that a consensus had been reached between the parties to remand the matter to the Revisional Committee for a decision based on a reasoned order, provided the petitioner does not charge excess fees in the interim. The order dated 9.3.2026 passed by the Fee Revision Committee along with the consequential notice of recovery dated 16.3.2026 issued by the Fee Regulatory Committee are hereby quashed and set aside.

Table of Content
1. challenge to fee regulatory orders and consensus for remand for fresh consideration. (Para 1 , 2 , 3)
2. quashing of impugned orders and directions for de novo decision by the revisional committee. (Para 4)
3. disposal of the petition without entering into the merits of the case. (Para 5)

ORAL ORDER

By way of this petition, the petitioner has prayed for the following reliefs :-

“(A) To admit and allow this petition;

(B) YOUR LORDSHIPS MAY be pleased to issue a writ of certiorari or in the nature of certiorari and be pleased to quash and set aside the impugned orders dated 02.12.2025 (Annexure-F) passed by the Fee Regulatory Committee as well as order dated 09.03.2026 (Annexure- G) passed by the Fee Revision Committee along with the consequential notice of recovery dated 16.03.2026 (Annexure-I) issued by the Fee Regulatory Committee, Surat Zone and be pleased to permit the petitioner to collect the fees as fixed by it, in the interest of justice;

(C) Pending admission, hearing and final disposal of this petition, Your Lordships be pleased to stay the operation, execution and implementation of the impugned orders dated 02.12.2025 passed by the Fee Regulatory Committee as well as order dated 09.03.2026 passed by the Fee Revision Committee along with the consequential notice of recovery dated 16.03.2026 issued by the Fee Regulatory Committee, Surat Zone.”

2. At the outset, learned Senior Counsel Mr. Anshin Desai submitted that the petitioner does not press for a reasoned order in case if the matter is remanded back to the Revisional Committee and the Revisional Committee may decide the matter on merit, without being influenced by the undertaking given by the Principal of the petitioner School. Mr. Desai further states that the petitioner may be permitted to file additional documents and additional affidavits so as to clarify any misunderstanding which has taken place on the part of the petitioner. Mr. Desai also, under instructions, states that till the decision is taken by the Revisional Committee, the petitioner School shall not charge more fees than the fees already sanctioned by the Fees Revisional Committee for the Academic Years 2023 – 24 and 2024 – 25 as well as current Academic Year.

3. Ms. Manisha Lavkumar, learned Additional Advocate General appearing for respondent Nos.2 and 3, under instructions, states that if the Revisional Committee is directed to decide the revision application that is already preferred by the petitioner within some time bound schedule, the respondents do not have any objection against the same.

4. In view of the above consensus arrived at between the parties, the following order is passed :-

(I) The order dated 9.3.2026 passed by the Fee Revision Committee along with the consequential notice of recovery dated 16.3.2026 issued by the Fee Regulatory Committee are hereby quashed and set aside.

(II) The matter is remanded back to the Revisional Committee with a direction to the said Committee to consider and decide the revision application preferred by the petitioner, denovo.

(III) The petitioners are directed to file additional documents / affidavits before the Revisional Committee latest by 15.5.2026. The Revisional Committee is directed to consider the additional documents / affidavits that may be filed by the petitioner as well, while arriving at a decision.

(IV) The Revisional Committee is directed to decide the revision application preferred by the petitioner as expeditiously as possible, preferably by 30.6.2026 and the decision taken by the Regulatory Committee be communicated to the petitioner latest by 15.7.2026 by passing a reasoned order which may be sent to the petitioner by way of Speed Post.

(V) In the interregnum, the petitioner are directed that they shall not charge any excess fees than the fees already sanctioned by the Fees Regulatory Committee for the previous Academic Years. However, in case if the petitioner’s revision application is considered p

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