Reconsider Ban On Fee Hike In Private Schools: Allahabad High Court Asks Uttar Pradesh Govt

The Allahabad High Court has asked the Uttar Pradesh Government to reconsider the ban imposed by it on fee hike in private schools. The Bench of Justice Attau Rahman Masoodi and Justice Narendra Kumar Johari ordered thus on a plea moved by Association Of Private Schools Of UP.

Essentially, the ban was imposed by the State Govt on Jan 7, 2022 in view of the COVID sitatution taking note of the fact that schools were closed and people in general were facing financial difficulties.

Challenging the same, the petitioners had moved the HC arguing that the State Govt's had passed Jan 7 order in view of the closure of normal business of establishments and institutions, however, later on, vide its order date February 11, 2022, the Government had allowed all establishments and institutions to re-opern and thus, there was no point in continuing with the blanket ban.

The petitioner also argued that the academic session is to start on 1st April, 2022, before which date, the schedule of fee structure has to be uploaded by the members of the petitioners' association in terms of the relevant statute.

Havibg heard the matter, the Bench had earlier asked the Government to take a decision in this matter by February 28, however, when the matter came up for hearing on Tuesday, the State Government sought some more time to take a decision in the matter.

In view of this, the Court granted it time till March 31 to take a decision in the matter by observing thus:

"It is the bounden duty of the state government to take into consideration any direction issued by this court, failing which the controversies raised before a court of law assume different dimensions for adjudication of the dispute on merit." The policy of the state government evolved under extra ordinary circumstances and affecting the cause of education at a large scale must be revisited with a sense of responsibility in order to strike a balance between the public interest and statutory rights of a party aggrieved."

With this, the Court listed the matter for further hearing on April 11, 2022 expressing hope and trust that a final decision would be taken by the State on or before 31.3.2022 and the same shall be apprised to the Court on the next date of listing.

Case Title - Association Of Private Schools Of Up Through Its President Atul Kumar And Another v. State Of U.P. Through Principal Secy. Secondary Education Civil Secy., Lko And Others

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