Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Education/Educational Institutions |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Education/Educational Institutions: Rajasthan Schools (Regulation of Fee) Act, 2016 – ss. 3, 4, 6-11, 15 and 16 – Rajasthan Schools (Regulation of Fee) Rules, 2017 – rr. 3, 4, 6-8 and 11 –Validity of – Challenge to, by the Management of the private unaided schools in the State of Rajasthan, on the ground of being ultra vires the Constitution; and violative of Art. 19(1)(g) since it takes away autonomy to determine the School fees – High Court rejected the challenge to the validity of the Act of 2016 and Rules framed thereunder – Justification of –Held: Justified – High Court rightly concluded that the provisions of the Act of 2016 as well as the Rules of 2017 are intra vires the Constitution of India and not violative of Arts. 13(2) and 19(1)(g) – However, it is done so by reading down ss. 4, 7 and 10 –Act of 2016 provides for the regulatory mechanism – Autonomy of the school Management to determine the fee structure is untrammelled and not undermined – Institution is entitled to fix its own fee structure, as long as it does not entail in profiteering and commercialization – Thus, the order passed by the High Court upheld – Constitutionof India – Arts 13(2) and 19(1)(g). Rajasthan Schools (Regulation of Fee) Act, 2016 – s. 18 – Power to issue directions – On facts, order by the State Authorities- Director, Secondary Education regarding deferment of collection of school fees, including reduction of 70% of tuition fees of CBSE affiliated schools and 60% of Rajasthan State Board affiliated schools due to pandemic – Challenge to, by the Management of the private unaided schools in the State of Rajasthan – High Court held that the State Government was competent and had jurisdiction to issue directions – On appeal, held: Director, Secondary Education had no authority whatsoever to issue direction in respect of fee structure determined under the Act of 2016 including to reduce the same for the academic year 2020-21 in respect of private unaided schools – Also order could not be sustained even in reference to executive power u/Art. 162 – Furthermore, it was not open to the State Government to issue directions in respect of commercial or economic aspects of legitimate subsisting contracts/transactions between two private parties with which the State has no direct causal connection,in the guise of management of pandemic situation– Also, no provision in the Act of 2005 which governs the subject of interdicting the school fee structure fixed under the 2016 Act – During the lockdown the School Management must have saved overhead and operational costs on various heads, as such issuance of direction of deduction of 15 per cent of the annual school fees in lieu of unutilised facilities/activities–Disaster Management Act, 2005–Rajasthan Epidemic Relief Act, 2020 – Judicial notice. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2021 INSC 281 |
Petitioner | Indian School, Jodhpur & Anr. |
Respondent | State Of Rajasthan & Ors. |
SCR | [2021] 14 S.C.R. 1 |
Judgement Date | 2021-05-03 |
Case Number | 1724 |
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