JUDGMENT Sanjay Karol, ACJ. - On the basis of a letter petition addressed by the parents in District Shimla, Himachal Pradesh, this Court taking suo-motu cognizance, issued notice. Allegedly, private unaided schools are resorting to the malpractice of charging exorbitant fee. 2. Allegedly, the noble cause is being commercialized. 3. The Deputy Commissioner, Shimla, filed his affidavit dated 20.11.2017, stating that the Enquiry Report dated 6.7.2016 stands forwarded to the Secretary (Education) to the Government of Himachal Pradesh, inter-alia, suggesting as under: "1) There should be a regulatory authority that could control the unreasonable increase in the fee of private schools. 2) The Schools should be given affiliation only after having the adequate infrastructure such as fully built up schools buildings, playgrounds, parking facility and security arrangements etc. 3) All the Schools should have their own buses for students. 4) All the Schools have enough parking space. 5) All the Schools should be equipped with CCTV cameras for surveillance and security purpose. 6) The building founds should not be charged from the parents at all." 4. Further, in his affidavit, it stands revealed that increase of fee in various schools in Shimla is varying from 8% to 23%, approximately. 5. In his affidavit dated 22.11.2017, the Addl. Director of Higher Education (S), Himachal Pradesh, Shimla, has stated that "the Govt. has decided to constitute a Committee for regulating the fee and funds being charged by unaided Private schools and the process for constituting the committee is under consideration". 6. From the conjoint reading of the affidavits dated 21.11.2017, 22.11.2017, 19.12.2017, 16.12.2017, 27.12.2017 and 13.3.2018, that of Deputy Commissioners Chamba, Kullu, Solan, Hamirpur, Bilaspur and Sirmaur, respectively, it is evident that in Himachal Pradesh several schools stand established by private institutions/organizations. Only few of them are affiliated to the Himachal Pradesh Board of School Education (HPBSE), whereas, most of them are affiliated with Indian Certificate of Secondary Education (ICSE) and Central Board of Secondary Education (CBSE). 7. The issue of regulating fee, in unaided private educational institutions, in our considered view is not governed by any of the provisions of the Himachal Pradesh Private Educational Institutions (Regulation) Act, 1997 or Rules framed there under or for that matter the Right to Education Act, 2009. 8. Dr. 7. The issue of regulating fee, in unaided private educational institutions, in our considered view is not governed by any of the provisions of the Himachal Pradesh Private Educational Institutions (Regulation) Act, 1997 or Rules framed there under or for that matter the Right to Education Act, 2009. 8. Dr. Arun Kumar Sharma, Secretary (Education) to the Government of H.P., has filed his affidavit dated 20.3.2018, indicating the intent of the Government in bringing out a legislation for regulating the issue of fee and funds of private unaided institutions imparting education to children at the level of higher secondary and below. In fact, the State Government has constituted a Committee under the Chairmanship of Dr. B.L. Vinta, Director of Higher Education. 9. What should be the law, its extent, scope and the applicable field is a legislative function. The issue which remains to be considered is as to whether till such time such mechanism is put in place, as to whether by way of an executive fiat or direction issued by this Court, should such process be regulated or not? 10. Well in the absence of any specific instance of abuse or overcharge, we leave the question of law open, in view of law laid down by the apex Court in T.M.A. Pai Foundation and others v. State of Karnataka and others, (2002) 8 SCC 481 , to be decided in an appropriate case. But none the less, we are of the considered view that the Government must take the matter under consideration to its logical end, either which way. 11. Learned Amicus has given different suggestions with regard to the manner in which such institutions must function. We find some of them to be of significance and, as such, direct that the same be considered by the Principal Secretary (Education) to the Government of H.P., which the State must do at the earliest. Copy of the suggestions already stands handed over to the learned Advocate General. 12. Every parent wants to give best of education to their children. Endeavour is to put the child in a school having best of the facilities so as to ensure overall development and growth. Engaging children in Ext. A curricular activities is a norm. Noticeably, in the urban areas of Himachal Pradesh, despite the government providing education free of cost, parents want their children to be educated in private schools. Endeavour is to put the child in a school having best of the facilities so as to ensure overall development and growth. Engaging children in Ext. A curricular activities is a norm. Noticeably, in the urban areas of Himachal Pradesh, despite the government providing education free of cost, parents want their children to be educated in private schools. Can this be reflective of poor functioning of the government schools? Is it that such schools (government) are not being managed, maintained and supervised, lacking professional dedication, absence of the spirit, intent and object of the Right to Education Act, 2009? Or is it parents over ambitiously endeavour of having their child educated only in a private school? Well we are not to judge such decision. But then we also cannot state that children passing out from government schools are doing no better than the ones who undertake education in a private school. Children passing out from government schools are also well groomed, with their overall personality fully developed. They are also well placed in every walk of life. 13. Coming back to the core issue of regulating the fee in recognized/unrecognized-aided or unaided schools in Himachal Pradesh, we are of the considered view that the matter is already pending consideration with the government and, as such, we deem it appropriate not to pass any further order, save and except, that such a decision shall be taken strictly in accordance with law, within a period of six weeks from today. 14. Before parting, we wish to place on record our appreciation qua the efforts put in by Mr. Vinay Kuthiala, learned Senior Advocate and Mr. Devan Khanna, learned Amicus Curiae, who, on the instructions of this court, obtained necessary feedback and assisted the Court. 15. With the aforesaid observations, present petitions stand dispose of.