exercise any such control. In any case, fee fixation falls under the domain of the management of these schools which have so fixed the fees for the purposes of maintaining excellence in education. The matter was being examined by one authority of the State. Thus, the present Government Resolution is illegal, unjustified and is arbitrary exercise of power. In terms of the order of this court and section 4 of the Maharashtra Educational Institutions (Prevention of Capitation Fees) Act,1987 and rules framed thereunder, a statutory committee was to be constituted and the Government has failed to discharge its obligations on the one hand while on the other hand without any rationale basis and data have issued the circular to prohibit increase in fees. The obligation of the schools, with an intent to maintain excellence, they have to pay higher salary to the teachers and also now in terms of the recommendations of the Sixth Pay Commission. These are some of the pleas raised by the petitioners. In addition to the above pleas, interalia, it is also contended that the provisions of this Act particularly, section 4 is violative of Article 19(1)(g). Once the schools are not indulging in profiteering or imposing capitation fee, there is nothing to prohibit them from charging fees as there are no guidelines, no methodology provided for regulating the fees even if it is assumed that they have such a right. Furthermore, there is no absolute right to regulate the fees. On the other hand, according to the respondents, the Act in question was legislated in the year 1987 and various approvals
