ANTI CORRUPTION & CRIME INVESTIGATION CELL Vs. STATE OF PUNJAB
LAWS(P&H)-2014-8-25
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 07,2014

Anti Corruption And Crime Investigation Cell Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

ASHUTOSH MOHUNTA, J. - (1.) THIS writ petition was disposed of vide order dated 09.04.2013, the operative part of the judgment is as under: "We accordingly give directions to the States of Punjab, Haryana as well as Union Territory, Chandigarh to examine the feasibility of establishing such a mechanism and take decision thereupon within a period of six months from today. Till that is done and in order to sort out the issue as to whether the hike in fees by the schools is proper or not, we would like to follow the same path as done by the High Court of Delhi, namely, setting up a Committee with the task to go into the accounts of the Schools and find out the reasonableness of increase in fees by the schools."
(2.) AFTER the writ petition was disposed of, status reports have been filed by the States of Punjab, Haryana as well as the U.T., Chandigarh. According to the counsel appearing on behalf of the State of Haryana in the affidavit filed by Surina Rajan, Principal Secretary to Govt. of Haryana, School Education, wherein, it has been stated that the Fee Committee is headed by Hon'ble Ms. Justice Kiran Anand Lall(Retd.) is functioning as complete infrastructure has been provided the said affidavit reads as under: - "That in compliance of the order of Hon'ble High Court, the entire matter was reconsidered and examined at length by the Government and after detailed deliberations, the following amendments/ insertions were made/ incorporated in the Haryana School Education Rules, 2003 vide Haryana Government, School Education Department notification No.8/27 -2013PS(2), dated 28th January, 2014: - "158 -A. Fee and Funds Regulatory Committee - (1) There shall be a committee to be known as Fee and Funds Regulatory Committee at the Divisional Level under the Chairmanship of Divisional Commissioner, who shall be assisted by the following officers/officials (i) District Education Officer/District Elementary Education Officer (ex -officio member) to be nominated by the chairman. (ii) A retired Accounts Officer/Chartered Accountant to be nominated by the Chairman on such terms and conditions, as may be approved by the Government. (2) Where the committee on receipt of any complaint or otherwise is satisfied after de enquiry, that a private school has charged capitation fee or fee in excess of the fee as notified by the school, it would ensure the redressal of the complaint so received within a period of 60 days from the receipt of complaint and it may: - (i) direct the concerned institution to refund the capitation fee or fee in excess of the fee as notified by the school, as the case may be; (ii) recommend withdrawal of recognition/affiliation of the school to the Director who shall pass the order accordingly. (3) Before taking any action or passing any order under sub -rule (2) above, the committee shall provide a reasonable opportunity of being heard to such institution. 158 -B. Appeal - any person or school management aggrieved by any direction or order passed under rule 158 A, may file an appeal to the Administrative Secretary within a period of 30 days from the date of such order."
(3.) AS far as, State of Punjab is concerned, Status report by way of an affidavit of Anjali Bhawra, I.A.S., Principal Secretary to Govt. of Punjab, Department of School Education has been filed wherein it has been averred that the Committee headed by Hon'ble Mr. Justice Amar Dutt (Retd.) is functioning from the premises of Punjab School Education Board, Mohali and the relevant records as required are being made available to the aforesaid Committee. As far as, U.T. Chandigarh Committee is concerned, it is being headed by Hon'ble Mr. Justice R.S.Mongia, (Retd.) Chief Justice along with two other persons and the Committee is functioning.;


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