- (1.)Leave granted.
(2.)This Appeal is directed against judgment and order dated 6.9.2011 whereby the Orissa High Court dismissed, amongst other appeals, Writ Appeal No.387 of 2011 preferred by the appellant herein and upheld judgment and order of a learned Single Judge in W.P.(C)No.5326 of 2009 etc. pronounced on 27.6.2011. The High Court has held that DAV Public Schools operating in the State of Odisha, are although private unaided educational institutions, but are covered by the provisions of the Orissa Education Act, 1969 [hereinafter referred to as 'the Act of 1969'] and hence the fees levied by such schools are subject to policy decisions of the State Government and their Managing Committee should conform to the requirements of the Act of 1969 read with relevant Rules of 1991. The fee structure revised by the concerned schools was not approved by the State Government and the High Court held against the appellant that revision of the fee structure could not be justified by the appellant that it is commensurate with the facilities provided to the students.
(3.)Apparently, this Court agreed with the contention of the Appellant that existing fee structure required some upward revision in view of appellant's case that it had decided to implement the higher pay scales as recommended by the 6th Central Pay Commission and hence after notice upon the respondents, this Court passed the following interim order on 11.5.2012 :
"

Subject to the petitioner's filing an undertaking in the Registry of this Court within one week from today that from the month of June, 2012, the petitioner shall implement the pay-scales as recommended by the 6th Pay Commission, following pro tem ad hoc arrangement is made subject to the final outcome in the Special Leave Petition.

(i) The petitioner shall submit its complete account of income and expenditure with detailed figures to the Interim Committee constituted under the impugned judgment within two weeks from today.

(ii) Within three weeks of receipt of the accounts from the petitioner, the Interim Committee will examine and evaluate the impact on the financial burden on the petitioner's schools by implementation of the recommendations of the 6th Pay Commission. The Interim Committee shall, accordingly allow the rise in the fee.

Needless to say that the determination of rise in fee by the Interim Committee shall be uninfluenced by the impugned judgment and also without prejudice to the contentions of the petitioner in the Special Leave Petition.

Before taking any decision, the Interim Committee shall hear the representatives of the petitioner and parents' association (respondent Nos.1 to 5 herein).

We also direct that until further orders, the existing Managing Committee, as constituted under the CBSE bye-laws, shall continue. "