Fayaz Bukhari
SRINAGAR, July 8: The State High Court today directed the Government to issue a circular within one day on court direction about fee waiver for the months of September and October 2014 to all private schools.
It also directed the Government that circular should say that the court direction on fee waiver is in force and there has not been made any modification by the court to the order.
Division Bench comprising Chief Justice N P Vasantha Kumar and Justice Ali Mohammad Magrey in a contempt petition filed by Parents Body through Parvez Ahmad Mir stated that the School authorities are forcing the parents of the students to deposit the fee for these two months and giving the reference of the court order passed of June 1.
Court during the proceedings of the contempt petition observed that there is no such direction upon the school authorities to collect the fee for these two months from the students and the judgment has been misquoted.
Court pulled up the Government for not appointing the chairman of the fee committee as they were directed. It observed to the education counsel that this all is happening as “you are not implementing the court orders and court orders are being misrepresented”.
When counsel for the Education Department sought further time from the court for appointment of the chairman of the fee committee, court questioned him and asked: “Have you made application for extension of time as you were directed in terms of court order dated June 1 to appoint the chairman with a week’s time.”?
Court took serious note of not appointing the Chairman of the fee committee. It directed the State counsel to bring the Commissioner/Secretary Education, Shalin Kabra, before the court after the break.
Court after calling the Commissioner/Secretary Education directed him to ensure the implementation of the court order with reference to not charging the fee for the month of September and October 2014 and if it is charged then the same be adjusted.
Court also issued contempt notice to president Unaided Private School Coordination Committee, G N War, as it has been brought to the notice of the court that the president is misquoting the judgment of the court in general public and making press statements in this regard and asking the parents and students to deposit the fee for the two months as it is direction of the court.
A press release was also brought to the notice of the court where Press secretary of the Private School Coordination Committee stated that they have discussed the order of June 1 with the Joint Director School Education in his office and it has been decided that the order seeking collection of fee for the months of September and October 2014.
Court sought immediate affidavit from the Joint Director Education who was present in the court. He denied the meeting in which court direction was discussed. He stated in his affidavit that due to complaints from parents and students with regard charging of fee from them by the school authorities despite court directions and they are not allowed to sit in terminal and unit examination by the school authorities and private school authorities were summoned by the deponent to make it clear not to charge the fee for these two months.
“In the meeting, it was made clear to the private school owners that the directions of the Court shall have to be strictly complied with, in letter and spirit. The deponent in no circumstances has ever asked them to charge fee for the month of September and October 2014 and the private school coordination committed has unilaterally and without any basis misrepresented the proceedings of the meeting,” read the affidavit of Joint Director Education.
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