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2015 DIGILAW 378 (JK)

Parents Body v. Shalin Kabra

2015-07-30

HASNAIN MASSODI, N.PAUL VASANTHAKUMAR

body2015
JUDGMENT : N. Paul Vasantha Kumar, J. 1. This application is filed seeking directions that fee for the months of September & October, 2014 may not be charged by making necessary rectification in the order of this Court made in PIL No. 12/2014, dated 01.06.2015 and to initiate contempt proceedings against the Commissioner/Secretary to Government, Education Department and also against president of Unaided Private School Coordination Committee. When the matter was posted on 08.07.2015, the Commissioner Secretary to Government Education Department, appeared in person and assured this court that a circular will be issued to implement the order of this court dated 01.06.2015. Pursuant to the said assurance, circular was issued on 08.07.2015 which reads as under: "The Hon'ble High Court in its order dated: 01.06.2015 has inter-alia observed in PIL No. 12/2014 as under:- "Taking note of the unprecedented flood situation in the State of J & K, due to which most of the school 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 and 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." Pursuant to the above directions, it is hereby ordered that:- I. All the private recognized schools of Kashmir Division shall not charge fee and bus fare from the students for the month of September and October, 2014. II. There shall be no hike in fee structure of the private schools in J & K State. III. Till fee structure is fixed by the Fee Fixation Committee, the management of un-aided private schools shall collect all types of fee as per fee structure of August, 2014. IV. II. There shall be no hike in fee structure of the private schools in J & K State. III. Till fee structure is fixed by the Fee Fixation Committee, the management of un-aided private schools shall collect all types of fee as per fee structure of August, 2014. IV. Such of the management/schools who had collected the fees for September and October, 2014, shall adjust the fee collected for the months of November and December, 2014 or in the current session. Also any enhance fees; if collected, shall be adjusted in the current session. All the private schools are directed to ensure that the above orders are strictly adhered to in their respective institutions and are further warned that any laxity in compliance of the above shall invite de-recognition of the institutions." 2. This court further directed to inform about the steps taken with regard to appointment of Chairman and in pursuance of the said direction a retired judge of this court, Mr. Hakim Imtiyaz Hussain, was appointed as Chairman by order of the Government bearing No. 344-Edu of 2015, dated 21.07.2015 without stating the terms and conditions of appointment of the Chairman and the case was fixed today for the purpose of fixing the terms and conditions. 3. Learned Additional Advocate General produced Government Order No. 369-Edu of 2015, dated 28.07.2015 mentioning the terms and conditions of the appointment of the Chairman and the same reads as follows: "In continuation to Government Order No. 344-Edu of 2015, dated 21.07.2015, it is hereby ordered that the appointment of Hon'ble Mr. Justice (Retd.) Hakim Imtiyaz Hussain, as Chairman of the committee for fixation of fee structure of the private educational institutions shall be governed by following terms and conditions:- 1. Pay As admission to a sitting Judge of Hon’ble High Court minus pension and commuted portion of pension, if any. 2. TA/DA/Medical/Allowance/other conditions of service As Admissible to a sitting Judge of Hon’ble High Court 3. Conveyance Staff care to be provided by the State Motor Garages with 200 liters of petrol per month or actual consumption (whichever is less) 4. Accommodation Rent free accommodation or in lieu thereof House Rent Allowance as per entitlement of a sitting judge of Hon’ble High Court 5. Telephone Telephone at office and residence with a limit of 1000 calls per month for the latter. 6. Accommodation Rent free accommodation or in lieu thereof House Rent Allowance as per entitlement of a sitting judge of Hon’ble High Court 5. Telephone Telephone at office and residence with a limit of 1000 calls per month for the latter. 6. Sumptuary Allowance As admissible to a sitting Judge of Hon’ble Court. The appointment of the Hon'ble Chairman shall be for a period of two years. This issues with the concurrence of the Finance Department." 4. The Chairman appointed as stated above has taken the charge on 27.07.2015 and vide Government Order No. 363-Edu of 2015, dated 28.07.2015, two other members have also been nominated by the State, who are Ms. Kaneez Fatima, Representative of Jammu & Kashmir State Board of School Education and Mr. Showkat Ahmad Peer, Chartered Account. 5. The office accommodation provided to Fee Committee to transact its official duties is not identified. 6. Learned AAG submits that the matter regarding office accommodation has been taken up at the highest level and will be finalized before 03.08.2015. The said submission is recorded. 7. The grievance of the petitioner at this juncture is that some schools have collected fee for the months of September and October, 2014 after the order of this Court dated 01.06.2015 without getting permission from the Committee. We make it clear that all those schools who have collected the fee for the said months shall approach the Committee for clearance explaining the position about the functioning of the schools and unless committee gives clearance, the said fee if collected cannot be utilized and fee, if any, collected shall be adjusted for future months. Application is disposed of.