Excelsior Correspondent
SRINAGAR, Sept 20: High Court has directed the Fee Fixation Committee (FFC) to fix the fee keeping in view of location, infrastructure, development and performance of the private schools.
The Division Bench of Chief Justice Pankaj Mithal and Justice Puneet Gupta disposed of the plea of J&K Public School which was filed through Advocate Aatir Javed Kawoosa challenging therein order dated 13.09.2021 passed by the FFC with the direction to the committee reconsider and refix the fee after taking into account the factors mentioned under Rule 7 of the School Education Rules in accordance with law. “The Committee shall make an endeavor to pass a fresh order in accordance with law most expeditiously preferably within a period of three months”, DB directed.
The Committee for Fixation and Regulation of Fee of Private Schools J&K (FFRC)FF he added, vide order dated 13.09.2021 has fixed the fees for the students of the aforesaid school for sessions 2020-21, 2021-22 and 2022-23 which is not in tune with the provision of law.
The court quashed the order of the FFC and while referring Section 29 of the J&K School Education Act, 2002 said these rules provide for the factors of determination of fee. The court directed that the Committee shall consider the locations of the Private Schools, the availability of the infrastructure, reasonable surplus required for the growth and development of the Private School, performance of the Private School and many other such things in the matter for fixing of fees.
“We have gone through the impugned order and find that it simply states the Committee finds it just and proper to fix fee in the prescribed manner, however, no reason whatsoever has been assigned for fixing the above fees. The Committee has not even considered the facilities provided by the petitioner-school or the infrastructure facility of the school in fixing the aforesaid fee”, reads the order of DB
Court recorded that the order impugned is uninformed of reasons and said it is unsustainable in law.. “Accordingly, the impugned order dated 13.09.2021 is quashed and the matter is remanded to the J&K Fee Fixation Committee for reconsideration and refixation of fees after taking into account the factors mentioned under Rule 7 of the Rules in accordance with law”, Court directed.
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