Excelsior Correspondent
Srinagar, Aug 23: High Court today stayed the order of the Fee Fixation Committee (FFC) enhancing 12 per-cent of the transportation fee of the Private Schools which was charged from the students in October 2019.
“Until further orders, the effect and operation of the impugned order dated 09.03.2022 shall remain in abeyance”, Division Bench of Chief Justice Pankaj Mithal and Justice Moksha Kazmi directed.
Court also directed the listing of the instant petition with the petition filed by Green Valley Educational Institute and also directed the authorities to file counter affidavit within one month and two weeks thereafter are allowed to the petitioners to file rejoinder affidavit.
The challenge in the instant writ petition is to the order dated 09.03.2022 passed by the Committee for Fixation and Regulation of Fee of Private Schools in J&K. The Committee has permitted enhancement of 12 per-cent in the transportation fee vis-à-vis the transportation fee charged from the students in October, 2019 i.e., before the start of COVID-19.
The argument of the counsel appearing for the school is that the 12 per-cent increase is not sufficient and that the functions of the Fee Fixation Committee were not prescribed by the Government, as there were no rules in place at the relevant time and as such it had no jurisdiction to fix the transportation fee.
The petitioner-Association questions the legal validity of the orders of the FFC and the order of DSEK on the ground that in October, 2019, the diesel charges per litre was Rs. 70.10. The cost of diesel per litre as in February, 2022 when the Schools opened was Rs. 84.75. There is, thus, an increase of Rs. 14.65 amount in the cost of diesel per litre. This apart, there has also been an increase in the wages of the Drivers/Cleaners and also an increase in the cost of spare parts etc. used in vehicles.
It has already been brought to the notice of the court that as per notification no. S.O 97 dated 19.03.2021, the Government has allowed an increase of 19% on the fare hike over and above rates notified vide notification SRO-341 dated 10.08.2018 and according to the said notification, in August, 2018, the fare hike was 8.70% and was increased by 19% in March, 2021.
As none of the schools were heard before meagre 12% hike was allowed on Transport Fee as is pleaded that sufficient material as per the schools would have been placed before the Committee so as to adequately increase the hike in the transport fee based on National Index, increase in fuel charges, increase in insurance, tax etc.
Follow our WhatsApp channel