Excelsior Correspondent
JAMMU, Sept 28: Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Alok Aradhe today issued some directions in a Public Interest Litigation (PIL) regarding fee fixation committee.
In the PIL challenge has been thrown to Government Order No. 520-Edu of 2013 dated 07.05.2013 and Government Order No. 344 Edu of 2015 dated 21.07.2015 constituting a committee for fixation of fee structure of private unaided educational institutions.
“Insofar as the direction to the committee for fixation of fee to determine the issue of fee hike is concerned, such of those schools which have filed applications with documents in support of their proposed hike, the applications are bound to be considered by the respondent in a pragmatic manner keeping in mind the parameters mentioned by the Supreme Court namely infrastructure and facilities available, investment made, salaries paid to teachers and staff, future plans for expansion and or betterment of institution etc”, the DB said.
“The committee for fixation of fee cannot shirk its responsibility on this aspect and if there is any delay in deciding any application seeking enhancement of fee, it is well open to the institute to approach this court for seeking appropriate direction which would be considered with all seriousness”, the DB further said.
Insofar as the prayer seeking direction to allow the participation of representative of the petitioner association in the fee fixation committee, the DB observed, “the same is without any rhyme or reason. Individual school has to justify the enhancement of fee depending upon the requirements. It cannot be said that mere presence of the representative of the petitioner-association will facilitate determination of correct fee structure as the individual managements of the schools can put forward their claims and justify the enhancement of fee”, adding “it is for the fee determining committee, which is headed by an eminent person, namely, a former Judge of this court assisted by experts in education field, to decide the same”.
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