JUDGMENT : Sanjeev Kumar, J. WP(C) No. 2829/2021 1. A private school by the name of “Humanity Public School” run by one Gourav Charak, invokes extraordinary jurisdiction vested in this Court under Article 226 of Constitution of India to throw challenge to an order bearing No. 785-FFRC (FF) of 2021 dated 26.11.2021 [“the impugned order”] passed by Chairperson, Committee for Fixation and Regulation of Fee of Private Schools [“FFRC”] . Vide order of FFRC, impugned in this petition, the school management of the petitioner-School has been directed to constitute a trust for running the school, providing further that till the needful is done by the petitioner and the directions contained in order No. 415/FRRC (FF) of 2021 dated 11.08.2021, are complied with, the management of petitioner-School shall not make any hike in any type of fee. 2. The petitioner is aggrieved and has assailed the impugned order of FFRC primarily on the ground that FFRC constituted under Section 20A of School Education Act, 2002 [“the Act of 2002”] is not competent to issue such directions and that the role and jurisdiction of FFRC is restricted to fixation and regulation of fee of private schools. 3. Mr. Ravinder Gupta, learned AAG appearing for the respondents would submit that the implicit in the power and jurisdiction of FFRC constituted under Section 20A of the Act of 2002 is the jurisdiction and competence to ensure that a private school is validly established in accordance with the provisions of the Act of 2002. He would argue that the FFRC is well within its powers not to entertain the case of a private school for fixation of fee unless such school complies with the requirements laid down in the Act of2002. 4. Having heard learned counsel for the parties and perused the material on record, it is necessary to first advert to the relevant provisions of the Act of 2002 and the Rules framed thereunder. Section 20A, which deals with the constitution of Fee Fixation and Regulation Committee of private schools, reads thus: 20A. Constitution of Fee Fixation and Regulation Committee of private schools.- (1) The Government shall constitute a Committee to be known as the Committee for Fixation and Regulation of fee of Private Schools for the purposes of regulating and determining the fee in private schools in the Union territory. Constitution of Fee Fixation and Regulation Committee of private schools.- (1) The Government shall constitute a Committee to be known as the Committee for Fixation and Regulation of fee of Private Schools for the purposes of regulating and determining the fee in private schools in the Union territory. (2) The Committee shall be headed by a Chairperson who has been a Judge of a high Court or a Government Officer who has been a Financial Commissioner of the Union territory or above. (3) The members of the committee shall be such as may be prescribed by the Government. (4) The Chairperson may co-opt any other independent person of repute or a representative or a recognised School Association as an expert member, but the total number of members of the Committee shall not exceed five. 5. From a plain reading of Section 20A, it is abundantly clear that a Committee to be constituted by the Government under this Section is only for the purpose of regulating and determining the fee in private schools in the UT of Jammu and Kashmir. 6. The term “private school” defined in Section 2(l) means a school established, run or maintained by any educational agency and recognised by the Government. The term “educational agency” is, however, defined in Section 2(f) which reads as under:- 2(f) “educational agency” means any individual, Society, Trust or body of persons registered with the Government and permitted to established, run or maintain any private school, under this Act. 7. It is, thus, evident that an educational agency could be an individual, a society, trust or body of persons registered with the Government and permitted to establish, run or maintain any private school under this Act. From the definition of „educational agency?, we do not find any embargo put on an individual to establish a private school. The only requirement is that, it must be registered with the Government and permitted to establish, run or maintain the private school under the Act. 8. Section 20B deals with the term of office and other conditions of service of Chairperson, which we are not concerned with. 9. Section 20C is paramount in the context of controversy that has arisen before us in this petition and, therefore, we deem it appropriate to set out Section 20C herein below: 20(C). 8. Section 20B deals with the term of office and other conditions of service of Chairperson, which we are not concerned with. 9. Section 20C is paramount in the context of controversy that has arisen before us in this petition and, therefore, we deem it appropriate to set out Section 20C herein below: 20(C). Powers and functions of Committee – (1) Subject to the provisions of this Act or any other law for the time being in force, the Committee for Fixation and Regulation of Fee of Private Schools shall exercise such powers and perform such functions as may be prescribed by the Government to ensure that the private schools are not indulging in commercialization of education and undue profiteering. (2) The Government may by notification, delegate any of the powers vested in the Committee for Fixation and Regulation of Fee of Private Schools to the Chairperson of the said Committee, to the extent as may be prescribed. (3) Orders passed by the Committee for Fixation and Regulation of Fee of Private Schools shall be deemed to have been duly passed by a public servant and its violation or non-compliance shall amount to disobedience under the provisions of Section 188 of Indian Penal Code (45 of 1860). 10. From a plain reading of Section 20C, it is evident that FFRC constituted under Section 20A has been conferred with the powers to perform the functions as may be prescribed by the Government to ensure that private schools do not indulge in commercialization of education and undue profiteering. “As may be prescribed” would mean as laid down in the Rules by the Government. 11. In the exercise of powers conferred by Section 29 read with Section 20A and 20C of the Act of 2002, the Lieutenant Governor, UT of Jammu and Kashmir has promulgated the Jammu and Kashmir Private Schools (Fixation, determination and Regulation of Fee) Rules, 2022 [Rules of 2022]. 12. Rule 5 deals with powers and functions of the Committee and reads as under:- 5. Powers and functions of the Committee. — (1) The Powers of the Committee shall be a. To fix, determine and regulate the fee to be charged and collected by a private school ; b. To hear complaints with regard to the charging and collection of fee in excess of the fee determined by it. Powers and functions of the Committee. — (1) The Powers of the Committee shall be a. To fix, determine and regulate the fee to be charged and collected by a private school ; b. To hear complaints with regard to the charging and collection of fee in excess of the fee determined by it. If the Committee, after obtaining the material comes to the conclusion that the Private School has charged and collected fee in excess of the fee fixed, determined and regulated by the Committee, it shall recommend to the appropriate authority for the cancellation of the recognition or registration of the Private School or for any other course of action as it deems fit in respect of the Private School. Any such recommendation made by the Committee shall be implemented by the appropriate authority within a reasonable time as per procedure laid down ; c. Require each Private School to place before the Committee the proposed fee structure of such school with all relevant documents and books of accounts for scrutiny within such date as may be specified by the Committee ; d. Obtain from the Private School any such information as may be required by it for the examination of the fee structure of the Institution ; e. Verify whether the fee proposed by the Private School is justified and it does not amount to profiteering or commercialization of education ; f. Approve the fee structure or fix and determine some other fee that can be charged by the Private School ; g. Verify whether the fee collected by the Private School affiliated to the affiliating body commensurate with the standard of education and other related facilities provided by the Private School ; h. To recommend the appropriate authority for disaffiliation of the Private School, if it comes to a conclusion that the private school has charged and collected highly excessive fee ; i. The Committee shall have the power to regulate its own procedure in all matters arising out of the discharge of its functions, and shall for the purpose of making any inquiry under these rules, have all the powers of a Civil Court under the Code of Civil Procedure, 1977 while trying a suit, in general, and in particular in respect of the following matters, namely : i. Summoning and enforcing the attendance of any witness and examining him on oath ; ii. The discovery and production of any document ; iii. The receipt of evidence on affidavits ; iv. The issuing of any commission for the examination of a witness. j. The Committee shall, on fixing and determining the fee leviable by a Private School, communicate its decision to the Private School concerned. k. The Committee shall indicate the different heads under which the fees shall be levied. 13. From a careful reading of Rule 5 along with Section 20C, it clearly transpires that the FFRC is conferred only with the power to fix, determine and regulate the fee to be charged and collected by a private school. 14. The FFRC Act can also entertain and hear the complaints with regard to charging and collection of fee in excess of fee determined by it. 15. From reading of clause (a) to (k), it comes out very succinctly that all powers conferred upon FFRC are with a view to determining and regulating the fee to be charged and collected by the private school and the matters ancillary thereto. 16. It is true that if a case for fixing, determining and regulating the fee is presented before FFRC by a school which is not established, run or maintained by an educational agency and is without recognition from the Government, it can refuse to entertain such a case and leave it to the Government to deal with such school. We are saying so because of jurisdiction of FFRC is with regard to fixation, determination and regulation of the fee to be charged and collected by a private school. As has been taken note of hereinabove, the private school is one which is established, run and maintained by an educational agency and recognized by the Government. „Educational agency? as we have already explained above could be an individual, society, trust or body of persons provided if it is registered with the Government and permitted to establish, run and maintain a private school under the Act. 17. Rule 7 enumerates the factors which are required to be taken into consideration by FFRC while determining the fee leviable by a private school. 17. Rule 7 enumerates the factors which are required to be taken into consideration by FFRC while determining the fee leviable by a private school. Apart from the factors enumerated in Section 20D viz location, available infrastructure, expenditure on administration, aid, assistance and support of any form received by the private school from the Government or any other person or agency, Rule 7 makes a mention of some more factors which are relevant for determining fee leviable by a private school. 18. As a matter of fact, Section 20D itself leaves it to the Government to prescribe any other factors other than those mentioned in Section 20D by way of Rules. 19. Rule 7 reads as under:- 7. Factors for determination of Fee. — The Committee, shall, while determining the fee leviable by a Private School, in addition to the factors specified in Sub-Section (1) of Section 20D of the Act, also take into account, the following factors, namely : i. The location of the Private School ; ii. The available infrastructure ; iii. The expenditure on administration and maintenance ; iv. The reasonable surplus required for the growth and development of the Private School ; v. Performance of the Private School ; vi. Grant-in-aid received by the Private School ; vii. Availability of modern technology and appliance thereof ; viii. Any other fact as may be prescribed by the Committee. ix. The locality of the Private School, namely, Rural area, Town Panchayat, Municipality, District Headquarters, Corporation. x. Strength of the students ; xi. Classes of study ; xii. Results of students achieved ; xiii. Status of the Private School, as indicated below : a. Private Schools having minimum infrastructure facilities as prescribed by the Government from time to time ; b. Private Schools having infrastructure facilities more than that prescribed i. Private Schools having more than the minimum requirement of the lab, a greater number of library books, classroom facilities, and other sanitary and drinking water facilities or any other facility ; ii. Private School having more than adequate classroom facilities, lab facilities, library area, number of books, very good sanitation facilities, highly protected drinking water facilities, and other sanitary facilities together with a high percentage of results ; iii. Private Schools are fully equipped with modern facilities like Air Conditioner/Centrally heating, smart classes or any other facility. 20. Private School having more than adequate classroom facilities, lab facilities, library area, number of books, very good sanitation facilities, highly protected drinking water facilities, and other sanitary facilities together with a high percentage of results ; iii. Private Schools are fully equipped with modern facilities like Air Conditioner/Centrally heating, smart classes or any other facility. 20. From Rule 7, we find in as many as 13 different factors which FFRC is required to keep in mind while determining the fee leviable by a private school. 21. From reading of entire rule 7, it is abundantly clear that all the factors enumerated in rule 7 are with sole objective of determining the fee leviable by a private school. 22. In view of the clear legal position emerging from reading of the relevant Sections of the Act of 2002 and the Rules of 2022 framed thereunder, it is beyond cavil of doubt that the power and jurisdiction of FFRC is restricted only to fixation, determination and regulation of fee of a private school. Whether or not, a private school has been established or is being run in accordance with provisions of Act of 2002 and the Rules of 2022 framed thereunder is something which is purely within the domain of the Government. 23. If, however, it comes to the notice of FFRC that a particular school which has approached it for fixation of fee or record whereof has been called by it for the purpose of fixation of fee is not a private school established under the Act of 2002, it is within the power of the FFRC to bring such fact to the notice of the Government. The registration of an individual, society or trust and grant of permission and recognition to run and establish a private school is with the Government. It is, thus, the Government and Government alone, which is competent to pass an appropriate order, as may be required in a given case, with regard to grant or withdrawal of the permission/recognition of a particular school. 24. A fortiori FFRC does not have any jurisdiction to direct a particular school to constitute a trust or society. An educational institution which is not a "private school? as defined under the Act of 2002, is not amenable to the jurisdiction of FFRC. 24. A fortiori FFRC does not have any jurisdiction to direct a particular school to constitute a trust or society. An educational institution which is not a "private school? as defined under the Act of 2002, is not amenable to the jurisdiction of FFRC. The FFRC constituted under Section 20A is concerned only with the fixation, determination and regulation of fee of a private school as defined under the Act of 2002. 25. For all these reasons, we find merit in this petition and the same is, accordingly, allowed and order impugned passed by the FFRC dated 26.11.2021 is quashed. We, however, leave it to the Government to proceed in the matter in accordance with law and in the light of the observations made by the Fee Fixation Committee in the impugned order. WP (C) 597/2022 1. Impugned in this petition filed by one “Bhagwati Haqiqat Memorial Public School” under Article 226 of Constitution of India is an order bearing No. 216-FFRC (FF) of 2022 dated 17.02.2022 passed by FFRC J&K whereby, the FFRC has, apart from fixing the fee to be levied by the petitioner, directed the school management to take immediate steps for putting the school on legal track and submit the compliance report within one month. 2. The aforesaid direction has been issued by the FFRC on the ground that the petitioner-School is run by a proprietorship concerned and in the opinion of FFRC an educational institution cannot be run by an individual for commercial purposes. 3. There is, thus, a direction to the petitioner-School to constitute a public trust so as to bring the petitioner-School on a legal track. Learned counsel appearing for the petitioner restricts its challenge to the impugned order only to the later aspect which we have referred to hereinabove. 4. Having heard learned counsel for the parties and perused the material on record, we are of the considered opinion that part of the impugned order which deals with fixation of fee is perfectly legal and does not call for any interference. 5. Learned counsel appearing for the petitioner would fairly state that he does not wish to press his challenge to the fee fixation done by FFRC. So far as the other part of the impugned order is concerned, the issue has already been discussed, debated in detail and decided in the judgment passed today in the connected matter. 6. 5. Learned counsel appearing for the petitioner would fairly state that he does not wish to press his challenge to the fee fixation done by FFRC. So far as the other part of the impugned order is concerned, the issue has already been discussed, debated in detail and decided in the judgment passed today in the connected matter. 6. It has been held that the jurisdiction, authority, competence and the powers of the FFRC are restricted only to fixation, determination and regulation of fee to be levied by a private school and matters ancillary thereto. 7. For the foregoing reasons, this petition is partly allowed and the impugned order to the extent it calls upon the petitioner to constitute a public trust to bring the school on a legal track is held beyond the jurisdiction of FFRC and, therefore, quashed. This aspect is left to be dealt with by the competent authority.