Excelsior Correspondent
Srinagar, Nov 16: The High Court has stayed the order of Fee Fixation Committee restraining the private educational institutions from charging the annual fee for the period of November 2022 to March 2023.
The order of FFRC which was passed on November 2 has been challenged by the Valley’s popular school- Tyndale Biscoe School and others in terms whereof the FFRC has restrained all the school managements of the Private Schools from charging and collecting annual fee for the period November, 2022 to March, 2023.
The Division Bench of Chief Justice Ali Mohammad Magrey and Justice V C Koul has kept in abeyance the impugned order for the time being and directed the FFRC to take fresh decision on the issue after giving opportunity of hearing to the petitioner.
The petitioner, court directed, shall approach the FFRC by tomorrow, the 17th of November, 2022 and furnish supplementary material as may be available to them, if required, in support of their claim and the FFRC shall hear the petitioner on Friday, the 18th of November, 2022 and pass fresh order accordingly.
Court said the fresh order passed by the FFRC shall govern the claim of the Schools for purpose of charging or otherwise of the annual fee by the management of the Private Schools for the period November, 2022 to March, 2023.
Sunil Sethi, the Senior Counsel appearing on behalf of the Petitioner, submitted before the bench that the aforesaid impugned Order issued by the FFRC is not only bad in law, but the same is also contrary to the mandate of Section 20E of the J&K School Education Act, 2002.
He pleaded that the private schools have been permitted to charge annual fee, which includes the annual depreciation of the investment made for setting up of the school concerned clubbed with repair and maintenance costs and all other one-time fee such as Examination fee, Computer fee, Sports fee, etc., wherever appliable and that mere change in the academic session by the Government does not, in any manner, disentitle the schools to charge the annual fee.
It is also contended that the FFRC was also informed that due to the Government orders implementing Uniform Academic Calendar, current session will be of 17 months but the Petitioner will only charge annual fee from students for five months viz. November, 2022 to March, 2023 on monthly and prorata basis as per the fee structure of the Schools already approved by none other than the FFRC itself.
The DB after hearing the Senior Counsel and on an overall analysis of the pleadings on record, felt that the order impugned has been issued by the FFRC without giving adequate opportunity of hearing to the Schools.
The Advocate General, submitted that in the event this Court comes to the conclusion that no hearing has been given to the Schools before issuance of the order impugned, the proper course for the Court would be to remand the case back to the FFRC for fresh decision after hearing all concerned.
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