The High Court disposed of a writ petition challenging the Gujarat Self Financed Schools Regulation of Fees Act. Relying on a concurrent judgment, the matter was dismissed without further elaboration.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C/SCA/15538/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15538 of 2017
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ASSOCIATION OF SCHOOLS OF INDIAN SCHOOL CERTIFICATE
Versus
STATE OF GUJARAT
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Appearance: MR MITUL SHELAT with MS DISHA N NANAVATY(2957) for the PETITIONER(s) No. 1,2
MR KM ANTANI, ASSISTANT GOVERNMENT PLEADER(1) for the RESPONDENT(s) No. 1
MR DEVANG VYAS(2794) for the RESPONDENT(s) No. 2
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CORAM: HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY and HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 05/05/2018
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY)
This Special Civil Application is filed with the prayers, which read as under:
“A. The Honourable Court be pleased to hold and declare that Gujarat Self Financed Schools Regulation of Fees Act, 2017 and the Gujarat Self Financed Schools Regulation of Fees Rules, 2017 be declared as unconstitutional.
B. The Honourable Court be pleased to issue a writ of or in the nature of mandamus holding that the Sections 2(g), 2(r), 2(t), (u), 2(v), 3,8,9,10,11,12,13,14,16 of the Gujarat Self Financed Schools Regulation of Fees Act, 2017 and Rules 6,7,8, Form II and its Annexures, Form III are ultravires Article 14 and Article 19(1)(g) of the Constitution of India and to forbear the State Government/Fee Regulatory Committee or any authority
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C/SCA/15538/2017 ORDER
constituted under the Act, from applying the provisions of the Gujarat Self Financed Schools Regulation of Fees Act, 2017 and the Rules framed thereunder to the members of the petitioner Association.
C. The Honourable Court be pleased to issue a writ of or in the nature of mandamus and be pleased to quash and set aside the notification dated 25th April, 2007, declaring the exempted fees in self financed schools.
D. That pending the hearing and final disposal of the petition, the Honourable Court be pleased to stay the operation of the Gujarat Self Financed Schools Regulation of Fees Act, 2017 and the Gujarat Self Financed Schools Regulation of Fees Rules, 2017.
E. That pending the hearing and final disposal of the petition, the respondents by themselves, their servants, agents, officers and/or subordinates be restrained by an order and injunction of the Hon’ble Court from taking any action whatsoever against the members of theh Petitioner Association pursuant to and/or in implementation of the said Gujarat Self Financed Schools Regulation of Fees Act, 2017 and provisions contained therein and the Gujarat Self Financed Schools Regulation of Fees Rules, 2017;
It is submitted by learned counsel for the petitioner that the subject-matter of this petition is covered to be disposed of in view of the judgment of this Court in Special Civil Application No. 10035 of 2017 dated 27th December, 2017. This submission is not disputed by the learned Assistant Government Pleader Shri Antani.
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C/SCA/15538/2017 ORDER
In view of the same, this Special Civil Application is disposed of, following the judgment of this Court rendered in Special Civil Application No. 10035 of 2017 on 27th December, 2017.
(R.SUBHASH REDDY, CJ)
(VIPUL M. PANCHOLI, J)
A.M. PIRZADA
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Colour shows how this judgement treated each authority
judgment of this Court in Special Civil Application No. 10035 of 2017Followed¶29
Special Civil Application No. 10035 of 2017 dated 27th December, 2017
ASSOCIATION OF SCHOOLS OF INDIAN SCHOOL CERTIFICATE
STATE OF GUJARAT
R. SUBHASH REDDY
VIPUL M. PANCHOLI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
