Disposed

X X X X v. in Re - State of Assam and 2 Ors.

Gauhati HC3 Mar 2021PIL(Suo Moto)/3/2019

Case brief

AI extract

What is this about?

The court closed two PILs filed by a petitioner regarding exorbitant private school fees after a State statute, the Regulation of Fees Act, 2018, was enacted to address the concerns. The court held that no further adjudication was necessary.

What did the court decide?

The writ petitions were closed as the concerns raised are addressed by the Assam Non-Government Educational Institutions (Regulation of Fees) Act, 2018.

X X X X Vs in Re - State of Assam and 2 Ors. — Service and Employment | Gauhati HC (2021)

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GAHC010049392018

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : PIL/29/2018

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NAYANDHIJU SHARMA

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S/O LATE DHIREN SHARMA, R/O UZAN BAZAR, PS LATASIL, GUWAHATI781001

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VERSUS

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THE STATE OF ASSAM AND 18 ORS. REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6, KAMRUP(M), ASSAM

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM EDUCATION DEPARTMENTT DISPUR GUWAHATI-6

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3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 KAMRUP(M) ASSAM

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4:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 KAMRUP(M) ASSAM 5:THE SECRETARY BOARD OF SECONDARY EDUCATION ASSAM

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BAMUNIMAIDAN GUWAHATI-21 KAMRUP (M) ASSAM 6:THE INSPECTOR OF SCHOOL KDC KAMRUP (M) PANBAZAR GUWAHATI-1 KAMRUP(M) ASSAM 7:THE DEPUTY COMMISSIONER KAMRUP (M) PANBAZAR GUWAHATI-1 KAMRUP (M) ASSAM 8:THE DEPUTY COMMISSIONER KAMRUP (R) INDOOR STADIUM ROAD GUWAHATI-39 KAMRUP (M) ASSAM 9:THE CENTRAL BOARD OF SECONDARY EDUCATION SIKSHA KENDRA 2 COMMUNITY CENTER PREET VIHAR NEW DELHI 10:THE REGIONAL OFFICER CENTRAL BOARD OF SECONDARY EDUCATION SILPAGRAM ROAD NEAR SHANKARDEV KALAKHETRA PANJABARI GUWAHATI-37 KAMRUP (M) ASSAM 11:THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF HUMAN RESOURCE DEVELOPMENT DEPARTMENT OF SCHOOL EDUCATION AND LITERACY SHASTRY BHAWAN DR. RAJENDRA PRASAD ROAD

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NEW DELHI

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12:THE PRINCIPAL GURUKUL GRAMMAR SENIOR SECONDARY SCHOOL MOTHER TERESA ROAD PUB-GEETA NAGAR GUWAHATI DISTRICT KAMRUP (M) ASSAM-21 13:THE PRINCIPAL ASOM JATIYA BIDYALAYA MANIRAM DEWAN ROAD NOONMATI GUWAHATI DISTRICT KAMRUP (M) ASSAM-781020 14:THE PRINCIPAL FACULTY HIGH SCHOOL MOTHER TERSA ROAD GUWAHATI DISTRICT- KAMRUP (M) ASSAM-24 15:THE PRINCIPAL MAHARSHI VIDYA MANDIR SCHOOL SILPUKHURI GUWAHATI-781003 KAMRUP (M) ASSAM 16:THE PRINCIPAL ANANDA ACADEMY SUPER MARKET NEAR KALI MANDIR DISPUR GUWAHATI-6 KAMRUP (M) ASSAM 17:THE PRINCIPAL MODERN ENGLISH SCHOOL KAHILIPARA GUWAHATI KAMRUP (M) ASSAM

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PIN-781019

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18:THE PRINCIPAL MODERN ENGLISH SCHOOL GEETA NAGAR GUWAHATI-781021 KAMRUP (M) ASSAM 19:THE PRINCIPAL SOUTH POINT SCHOOL BARSAPARA ROAD GUWAHATI-781018 KAMRUP (M) ASSA

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Advocate for the Petitioner : MR. S CHAMARIA

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Advocate for the Respondent : GA, ASSAM,

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Linked Case : PIL(Suo Moto)/3/2019

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X X X X GUWAHATI ASSAM

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VERSUS IN RE - STATE OF ASSAM AND 2 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM EDUCATION DEPARTMENT JANATA BHAWAN DISPUR GUWAHATI - 781006

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2:THE REGIONAL OFFICER CENTRAL BOARD OF SECONDARY EDUCATION SHILPIGRAM ROAD NEAR SANKARDEV KALAKSHETRA PANJABARI ROAD GUWAHATI - 781037 3:THE PRINCIPAL NPS INTERNATIONAL SCHOOL NH - 37 NEAR LOKHRA CHARIALI

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BETKUCHI GUWAHATI - 781034

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-----------Advocate for : MR. T J MAHANTA SC GHC Advocate for : GA ASSAM appearing for IN RE - STATE OF ASSAM AND 2 ORS

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BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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Date : 03-03-2021

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(Sudhanshu Dhulia, CJ)

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Heard Mrs. M. A. Ozah, learned counsel for the petitioner in PIL 29/2018 and Mr. T. J. Mahanta, learned Standing counsel, Gauhati High Court, in PIL (Suo Motu) 3/2019. We have also heard Mr. D. Saikia, learned Senior Standing counsel, Government of Assam, representing respondent nos. 1, 2, 3, 4 and 6; Mr. R. De, learned counsel for respondent no. 3; Mr. S. Khound, learned counsel for respondent nos. 9 and 10; Mr. J. Sinha, learned counsel for respondent nos. 12, 14, 17, 18 and 19 and Mr. P. K. Munir, learned counsel for respondent no. 16.

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This writ petition as Public Interest Litigation (PIL 29/2018) was filed by the petitioner before this court raising concern that high and exorbitant fees are being charged by the private schools and there is absolutely no control by the State Government over those private schools in this regard.

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The State respondents have filed counter-affidavit whereby many of the allegations made by the petitioner have been denied. During pendency of these PILs, the Government has come out with a statute, known as, “The Assam Non-Government Educational Institutions (Regulation of Fees) Act, 2018” (hereinafter referred to as “the Regulation of Fees Act, 2018”). The Regulation of Fees Act, 2018 is an extremely exhaustive statute which addresses, inter alia, almost the entire concerns raised by the petitioner before this court, such as,

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regulatory mechanism in respect of fixation of fees, etc. In fact, under the provisions of the Regulation of Fees Act, 2018, a Regulatory Committee has been constituted by the State Government which is headed by a District Judge (Retired). The orders of this Committee can again be taken in appeal/revision before another committee which is headed by a retired Judge of the High Court. Therefore, as far as fixation of fees is concerned, the same is taken care of by the aforesaid statute and we leave the issue there. As regards the issues such as charging of additional fee and host of other grievances raised in the PILs are also taken care of by the Regulation of Fees Act, 2018.

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In view of the above, nothing further remains to be adjudicated and, accordingly, these PILs are closed. We, however, make it clear that in case there are grievances which still remain unaddressed, the petitioners will always be at liberty to approach this court by way of writ petition.

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JUDGE CHIEF JUSTICE

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Comparing Assistant

X X X X v. in Re - State of Assam and 2 Ors.

Case brief

What is this about?

What did the court decide?

X X X X v. in Re - State of Assam and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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