Chandigarh: Schools' association moves High Court in fee matter

Chandigarh, March 25

The Independent Schools Association (ISA), Chandigarh, today challenged before the Punjab and Haryana High Court the action of the UT Administration of keeping the fee for the academic session of 2019-20 as the base for deciding the fee for the academic session 2020-21, that too with deductions.

Taking up the petition filed by the association and other petitioners, Justice Sudhir Mittal of the High Court put the UT Administration and other respondents on notice. Justice Mittal also fixed the case for further hearing on April 8. Justice Mittal, during the course of the hearing, questioned the UT Administration regarding its authority to issue such directions.

Arguing on the petitioners’ behalf, senior advocate Aashish Chopra and Gagandeep Singh submitted that private unaided schools were directed to collect fee from students as fixed under Section 6 of the Punjab Regulation of Fee of Unaided Educational Institutions Act of 2016 for the academic year 2019-20, but by providing a deduction of 15 per cent in lieu of unutilised facilities by them during the relevant period of academic year 2020-21.

This, Chopra contended, was illegal, arbitrary and unwarranted. “It is submitted that not only the 2020-21 academic session has ended and the final exams have concluded, even the 2021-22 academic session is nearing its end….,” Chopra added.

He further contended that the respondents had not been able to show any logic for keeping the fee of the academic session of 2019-20 as the base to decide the fee for the 2020-21 academic session, that too with deductions. In fact, the order was mum about the nature and extent of the unutilised facilities “on account whereof the respondents have decided to order such deduction”.

He added that the petitioners ought to have been asked the details of the unutilised facilities, if at all such deductions/concessions were being contemplated by the respondents. Describing the impugned memo as patently illegal, he submitted that the directives therein were without any basis and were seemingly based on mere surmises and conjectures.

“The impugned memo takes away the autonomy of the private unaided schools and infringes the rights guaranteed under the Constitution and as such is hit by the provisions of Article 14 of the Constitution. The restrictions/directions vide the impugned memo have been imposed/issued in an exercise of power which is ex facie sans any authority of law,” he contended. — TNS

Notice issued to Admn

Taking up the petition filed by the association and other petitioners, Justice Sudhir Mittal put the UT Administration and other respondents on notice. Justice Mittal also fixed the case for further hearing on April 8.

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