JHARKHAND AT RANCHI WP(C) No. 2025 of 2019 DBMS Kadma High School v. The State of Jharkhand & Ors.

Firayalal Public School ...… Petitioner Versus The State of Jharkhand and Others …. ... Respondents W.P.(C)No. 2433/2019, Gulmohur High School ...… Petitioner Versus The State of Jharkhand and Others …. ... Respondents W.P.(C)No. 2435 of 2019 Tagore Academy ...… Petitioner Versus The State of Jharkhand and Others …. ... Respondents W.P.(C)No. 2685 of 2019 Lady K C Roy Memorial School ...… Petitioner Versus The State of Jharkhand and Others …. ... Respondents CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE NAVNEET KUMAR For the Petitioner(s) For the State : Ms. Shivani Jaluka, Advocate Mr. Piyush Chitresh, Advocate : Mr. Ashok Kumar, AAG-IV Mr Shishir Suman, AC to AAG-IV Ms. Sunita Kumari, AC to Sr. SC-II Mr. Ashish Priyadarshi, AC to Sr. SC. I Order No.12/Dated: 14th March 2024 In this batch of writ petitions, a common prayer has been made. For the sake of convenience, we shall extract the prayer made in WP(C) No. 2025 of 2019 which reads as under: 5 WP(C) No. 2025 of 2019 and analogous cases “the petitioner prays for issuance of appropriate writ(s)/order(s) or direction(s) holding that Jharkhand Education Tribunal (Amendment) Act, 2017, notified on 7th January 2019 is ultravires to Article 19(1)(g) and Article 14 of the Constitution of India as by the impugned Act the State has infringed upon the right of the school management in managing the affairs of the school including the fixation of the fees. And, further prays that during the pendency of the writ petition the impugned Jharkhand Education Tribunal (Amendment) Act, 2017 dated 7th January 2019 may be stayed till final adjudication of the writ petition.”

2. On 28th February, 2024, the following order was passed in one of the writ petitions being WP(C) No. 2431 of 2019 in this batch of cases: “In this writ petition, the petitioner has made the following prayers: / Order(s) and “A. For issuance of appropriate Writ(s) Direction(s) holding that Jharkhand Education Tribunal (Amendment) Act, 2017 notified on 7th January, 2019, is ultra vires to Article 19(1) (g) & Article 14 of the Constitution of India as under impugned Act the State has assumed the right of the school management for the fixation of fee instead regulating the same & further the impugned Act has illegally added bus fee within the definition of fee & in violation to the mandates of CBSE it has restrained the school management from facilitating the availability of the books / school uniform / shoes etc. from within the school campus & further by the impugned Act the power of adjudication of liability including imposition of fine & inflicting other punishment conferred upon the Administrative officer which is illegal & arbitrary. And/Or B. The Petitioner further prays that during the pendency of the writ petition the impugned Jharkhand Education Tribunal (Amendment) Act, 2017 dated 7th January, 2019, may be stayed till final adjudication of this writ Petition. And/Or C. Pass such other order / orders as Your Lordships may deem fit and proper in the fact and circumstances doing conscionable justice to the petitioner.”

2. Mr. Ashok Kumar, the learned Additional Advocate General-IV submits that the source of power to regulate school fee can be traced under section 8(d) of the Jharkhand Education Tribunal Act, 2005 and the amendments incorporated vide section 7(A)(1) provide clear guidelines for fixing of school fee and while so the amendments cannot held violative of the Constitutional mandate under Article 14 and Article 19 (1)(g) of the Constitution of India. 3. Faced with the opposition on the ground that there is a mechanism for redressal of grievance if the school fee is not fixed commensurate with the services provided by the school, Mr. Shresth Gautam, the learned counsel for the petitioner seeks permission to withdraw the present writ petition with liberty to the petitioner-school to avail of remedy as available to it at appropriate time. 4. Accordingly, this writ petition is dismissed as withdrawn.”

3. The learned State counsel makes a similar argument to oppose these petitions. It is submitted that the source of power to regulate school 6 WP(C) No. 2025 of 2019 and analogous cases fee can be traced under section 8(d) of the Jharkhand Education Tribunal Act, 2005 and the amendments incorporated vide section 7(A)(1) provide clear guidelines for fixing of school fee and while so the amendments cannot held violative of the Constitutional mandate under Article 14 and Article 19(1)(g) of the Constitution of India.

4. Faced with the opposition on the ground that there is a mechanism for redressal of grievance if the school fee is not fixed commensurate with the services provided by the school, the learned counsels appearing for the petitioners seek permission to withdraw the writ petitions with liberty to the writ petitioner-schools to avail of remedy as available to them at the appropriate time. Accordingly, these writ petitions are dismissed as withdrawn. Interlocutory applications, if any, stands disposed of. (Shree Chandrashekhar, A.C.J.) (Navneet Kumar, J.)

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