JUDGEMENT
G.S. Sandhawalia, J. -
(1.) The present order shall dispose of two writ petitions i.e. CWP Nos.19821 of 2014 and 11265 of 2015, as common questions of law and fact are involved. The facts are being taken from CWP No.19821 of 2014 'Parent's Welfare Association v. Central Board of Secondary Education and others' .
(2.) The challenge is to the excessive fee hike for different classes charged by respondents No.7 to 9 and for inquiry into the matter of violation of the provisions of Haryana Education Code and of the Central Board of School Education. Further prayer has also been made that the construction raised has been done without sanctioning the site plan etc and for staying the recovery of enhanced fee by ignoring the orders dated 11.04.2014 and 12.05.2014 passed by the District Education Officer (Annexures P-6 and P-7).
(3.) On 15.01.2015, in view of the fact that the matter was pending before the Committee constituted under Section 158 A of the Haryana School Education Rules, the following order was passed:-
"Reply filed on behalf of respondent Nos. 7, 10, 11 and 12 filed in Court is taken on record.
Counsel for the petitioner pleads for stay of operation of the hike of the fee.
It is brought out in the reply filed by the school that the matter is pending for consideration before the Committee constituted under Section 158 A of the Haryana School Education Rules. The said provision only contemplates the refund of excess fee collected, if the hike is not justified and does not provide for operation of stay is such increase.
No interim order is possible.
Adjourned to 18.03.2015.
Reply of the State be file within eight weeks. The state shall endeavour to dispose of the matter said to be pending before the committee constituted under Section 158 A and inform the Court of the order that is passed in this regard, on the adjourned date. Issue copy of this order to the State counsel under signatures of the Bench Secretary.";
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