This petition is directed against an order passed by the respondent no. 2 dated 11.1.2019, as per which petitioner institution has been directed to charge fee from the students as was being charged in the previous academic sessions and to refund the excess amount. The order also notices that the requisite cooperation has not been extended by the institution and, therefore, penalty burden of Rs. one lakh has also been imposed upon the management. The order impugned is assailed primarily on the ground that an opportunity of hearing has not been given to the petitioner institution and the District Fee Regulatory Authority has failed to act in accordance with 'The Uttar Pradesh Self-Financed Independent Schools (Fee Regulation) Act, 2018' (hereinafter referred to as the 'Act of 2018'). It is submitted that on the basis of the materials which had been furnished by the petitioner institution, the authority was required to determine the fee to be charged for the academic session in question and it was open for the authority to have merely directed the institution to charge fee as was the fee charged for the earlier year. Submission is that the order impugned clearly omits to comply with the requirement stipulated in the Act of 2018 and, therefore, the order impugned is bad in law.
