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2015 DIGILAW 291 (JK)

Parents Body v. State of Jammu & Kashmir

2015-06-01

DHIRAJ SINGH THAKUR, N.PAUL VASANTHAKUMAR

body2015
JUDGMENT : N. Paul Vasantha Kumar, C.J. 1. The issue arising in all these cases being similar, all the cases are clubbed and heard together and common order is passed. PIL No. 12/2014 was taken up as a suo motu public interest litigation by the registry of this Court pursuant to permission granted by the Chief Justice, taking cognizance of a publication in the local daily 'Greater Kashmir' dated 16.10.2014, which highlighted the plight of the school going students due to unprecedented floods that hit Kashmir during the month of September, 2014. 2. PIL No. 13/2014 was registered on the basis of representation received from a group of practising lawyers of Srinagar, pointing out the delay in conducting the examination of the students from November, 2014, 9th standard in the last week of October, 2014 or first week of November, 2014 and to start new session immediately with further direction to conduct the examination of 10th and 12th standard in the second week of November, 2014 and for directing the State to make the assessment of loss to the schools and rebuild them on modern and scientific lines and provide them modern libraries, quality standard of education. 3. OWP No. 1182/2013 is filed by J&K Un-aided Private Schools Coordination Committee, challenging Government Order No. 520 of 2013, dated 07.05.2013, constituting a committee for fixation of fee structure in private educational institutions in the State of J&K. The Chairman of the Committee, who was also a former Chief Justice of Orissa High Court, having got some other assignment, relinquished the post and the Committee became non-functional and this Court also granted order of status quo on the said government order by order dated 11.10.2013. 4. When the public interest litigation petitions were heard on 18.05.2015, the learned counsel appearing for the petitioners submitted that the issue raised in the said writ petition (OWP No. 1182/2013) being identical with the Public Interest petitions, the said writ petition may also be listed together, pursuant to which the writ petition was listed for hearing on 19.05.2015 and during the course of arguments Mrs. Rifat Ara, learned counsel for the petitioner in OWP No. 1182/2013 submitted that due to the interim order passed by this Court in the PIL, prohibiting collection of fee, the school managements are unable to run the schools and in the light of the judgment of Hon'ble the Supreme Court reported in (2009) 10 SCC 1 , (Action Committee, Unaided Private Schools & Ors. v. Director of Education, Delhi & Ors.), she has no objection to re-constitute the Committee so that the un-aided private schools can lay their cases before the said Committee for fixing the proper fee structure. At this stage the learned Advocate General submitted that the government is willing to nominate a person as Chairman of the Committee for fixation of fee structure in private schools in the State of J&K and he sought for time to produce the government order. Consequently the case was listed for hearing on 20.05.2015. 5. When the matter was taken up for hearing on 20.05.2015, the learned Advocate General submitted that the government is considering the nomination of a retired Judge of this High Court as Chairman of the Committee and the person will be nominated within a short span of time and others members of the Committee being ex-officio members, there may not be any impediment in functioning of the Committee. He also stated that individual school managements can very well approach the Fee Structure Committee for getting clearance regarding collection of tuition fee, bus fare, etc.. 6. He also stated that individual school managements can very well approach the Fee Structure Committee for getting clearance regarding collection of tuition fee, bus fare, etc.. 6. In PIL No. 12/2014, taking note of the unprecedented flood situation in the State of J&K, due to which most of the schools were closed, this Court issued injunction order not to charge tuition fee and bus fare from the students for the month of September and October, 2014 and also issued directions not to increase the fee, which is being charged from the students and the school managements were directed to file affidavit/undertakings within two weeks before the Registrar Judicial, stating that the managements have not charged the tuition fee/bus fee for the month of September and October, 2014 and such of the schools who had collected the fees for two months already were directed to file an affidavit that they will adjust the fee collected for the months of November and December, 2014 and further affidavit was directed to be filed to the effect that the school managements will not charge enhanced fee from the students. The school managements which filed affidavits, as directed above, have filed applications in this PIL seeking vacation of the said order by contending that, these schools were functioning during the months of September and October, 2014 except for few days as the flood situation was not so serious in other areas as in Srinagar City, and they were also prohibited from collecting the fee from the students for the months of September and October, 2014 and such of those schools which functioned during the said two months be permitted to collect the fees already fixed and for future months also the managements may be permitted to collect the fee/bus fare etc. from the students, failing which these managements will face serious difficulties as they have to pay salaries to the staff every month apart from meeting other incidental expenses. 7. from the students, failing which these managements will face serious difficulties as they have to pay salaries to the staff every month apart from meeting other incidental expenses. 7. On hearing the said submissions and taking note of the plea made by the learned Advocates, this Court requested the respective counsels as to whether these petitions may be disposed of by granting liberty to the school managements to approach the fee fixation Committee for appropriate directions, such as fixation of proper fee for each standard depending on expenses to be incurred by each school, fixation of bus fare to be collected from the students, book/uniform rates etc. The learned counsels appearing for the parties readily agreed to the said suggestion and submitted that these petitions may be disposed of with such liberty. 8. In the light of the consensus expressed by the learned counsel appearing for the respective parties, these petitions along with all connected applications, are disposed of on the following lines:- (a) OWP No. 1182/2013 having not been pressed by the learned counsel for the petitioner, as stated supra, which was recorded in order dated 19.05.2015, is dismissed as not pressed. (b) The Committee constituted pursuant to Government Order No. 520-Edu of 2013, dated 07.05.2013 being non-functional due to resignation of the Chairman, the State Government is directed to nominate a retired Judge of this Court as Chairman, if not already nominated, within one week from today, for fixation of fee structure of the private schools. (c) The managements of the un-aided private schools are granted liberty to approach the said Committee for fixation of fee structure of each standard and till new fee structure is fixed by the Committee, the managements shall collect all type of fees as in August, 2014. (d) It is also made clear that if any school management is not satisfied with the fees to be fixed by the Committee, it is open for them to approach this Court for redressing their grievances. (e) PIL No. 13/2014, praying for directions to conduct the examination in November, 2014 etc., has become infructuous. Insofar as the second prayer, seeking direction to the government to assess the losses to the schools caused by the floods and rebuild such schools with modern and scientific way including modern libraries, such general prayer is not maintainable. (e) PIL No. 13/2014, praying for directions to conduct the examination in November, 2014 etc., has become infructuous. Insofar as the second prayer, seeking direction to the government to assess the losses to the schools caused by the floods and rebuild such schools with modern and scientific way including modern libraries, such general prayer is not maintainable. The said issue will come within the ambit of flood relief package already announced by the Government. If any of the school management has not been provided with the flood relief for rebuilding of the school buildings, library etc. liberty is granted to such school managements to approach the concerned authority of the government seeking flood relief and if any such request is made the same shall be considered with all seriousness and appropriate amount be sanctioned as per the guidelines already finalized by the Government. Both the PILs and the writ petition are disposed of on the above terms.