HC notice on appeal against single bench order on school fees
Jaipur: Rajasthan High Court on Wednesday issued a notice to the state government, director secondary education and Society of Catholic Educations Institutions in Rajasthan on a special appeal petition challenging the single bench order on school fees. The next date of hearing is September 24.
The single bench of the court on September 7 in an interim order had directed the parents to pay 70% of tuition fee in three instalments for the academic year 2020-21 till a final decision was taken. The court direction came following a petition by several private school organisations challenging the government order on April 9 directing deferment of school fees for three months for the academic session 2020-2021 which was extended up till re-opening of schools vide order dated July 7.
The petitioner said the single bench order had virtually allowed the writ petition in part at the interim stage, virtually directing the institutions to demand 70% of tuition fees from parents during the period for which schools had remained closed or for the period schools would remain close, thus imparting no effective education to the children except through on line medium.
He argued that it is settled proposition of law that final relief cannot be granted by law courts at the interim stage and that too in the mandatory form. The petitioner further argued that administrative decision of the government to extend relief to parents of school-going children amidst pandemic was founded upon the sound public policy and for catering larger public interest, which was not open to judicial review.
He said the order had been passed without granting any effective opportunity of audience to the affected parties.
Besides, school fee of private schools is to be determined in accordance with Chapter II of The Rajasthan Schools (Regulation of Fee Act), 2016. Section 4 of the Act provides for constitution of parents teachers association within 30 days of the beginning of the academic year and parent of every student is mandatorily required to be a member of association.
After PTA is formed, then school level fee committee (SLFC) is to be constituted by way of lottery. After the constitution of SLFC, fee is to be determined by it in accordance with the Act of 2016. It is submitted that despite the statutory mandate, none of schools has constituted SLFC in consonance of Act of 2016 and fees have been arbitrarily fixed by the Management of Institution. Thus, parents are not aware of under what head, what fees is being charged.
HC dismisses plea for online exam for universities
Jaipur: The HC on Wednesday dismissed a petition seeking online final exam for universities. The court had sought the opinion of UGC and Rajasthan University. The UGC and the university informed the court that the Supreme Court had already heard the issue and upheld the necessity of exam. The high court then dismissed the petition.
HC notice on closure of railway school at Mt Abu
Jaipur: The HC has stayed the decision of the North Western Railway to issue transfer certificate to students studying at the railway school at Mt Abu and closure of school from the academic year 2020-21. The court also issued notice to the railways on a PIL. The British-era school has been functioning since 1862 has at present 242 students, said counsel R B Mathur.
HC notice on appeal against single bench order on school fees
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