- (1.) Heard learned counsel for the respective parties.
(2.) The petitioner-Bharatiya Vidya Bhavan Vidyashram Pratapnagar has filed the writ application inter-alia seeking declaration that the Rajasthan School (Regulation of Fee) Act, 2016 be declared unconstitutional as well as similar challenge was made to the Rajasthan School (Regulation of Fee) Rules, 2017 and various other consequential orders.
(3.) Learned counsel for the State drew our attention to the fact that constitutional challenge to the aforesaid Act and Rules came to be decided in favour of the State by the Division Bench of this Court at Principal Seat at Jodhpur in the case of Mayur Public Secondary School and Ors. Vs. State of Rajasthan and Ors., 2020(1) RLW 31(Raj.). The self-same judgment was followed by the Division Bench of this Court at Jaipur presided over by the Hon'ble Chief Justice who by order dated 27.08.2019 in the case of Society for un-aided Private School of Rajasthan Vs. State of Rajasthan, D.B. Civil Writ Petition No.8907/2016 followed the judgment of the Division Bench of the Principal Seat at Jodhpur mentioned hereinabove.;