Excelsior Correspondent
SRINAGAR, Sept 19: The State High Court has sought affidavit from the Government indicating therein framing of policy for increasing the fee for schools.
The Division Bench of Chief Justice Badar Durrez Ahmad and Justice Ali Mohammad Magrey directed the Government to file the affidavit ‘definitely’ within a period of three weeks.
Advocate Sunil Sethi, appearing on behalf of the Schools (Tyndale Biscoe & Mallinson) on previous hearing had submitted before the court that the State Government may frame a policy of increasing the fee by a certain percentage.
“The State Government shall also file affidavit indicating in response to para-2 of our order dated 21.8.17 where a suggestion was noted that the state Government may frame a policy for increasing the fee of schools by a certain percentage amount across the board on annual basis dependent on certain criteria such as rate inflation etc. The affidavit be filed definitely within three weeks “, DB directed.
Senior Advocate Sunil Sethi had also informed the court that the earlier FFC is no longer in position as the term of its chairman has expired and with these submissions court had directed the Government to ensure that the Committee is either reconstituted or the old committee’s term is extended so that the work didn’t suffer.
However, court has been informed today that the tenure of chairman of FFC has been extended by further one year. Court directed the committee to consider the representation of schools within three weeks and inform the court.
Petitioner school challenged the rejection order of FFC in which the claim for enhancing the fee has been rejected by the committee with the observation that the surplus received by the school in the last three years and considering the infrastructure and facilities provided by the school and the salary paid to the staff, the committee finds that there is no ground much less a sufficient ground to permit the school to make increase in the fee structure for the year 2015-16 and 2016-17.
“Application of the school for the same is therefore, rejected”, read the order of FFC.
Petitioner school, in the petition, is seeking quashing of order no. 03-FFC of 2017 dated 14.3.17 passed by (FFC) whereby the application of the petitioner school for permission to make enhancement of its fee structure has been denied with the submission that the same is not legally tenable, sustainable, contrary to factual and legal position and highly vitiated besides the order having been passed by a committee without full quorum.
Petitioner school sought a direction upon the FFC to allow revision in the fee structure of the petitioner-school by 15% strictly in accordance with the judgment of the SC w.e.f the academic year 2017-18 at regular intervals keeping in view various factors and exigencies which mandatorily require enhancement in the fee structure.
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