- (1.) The constitutional validity of Sections 5, 6 and 7 of the Rajasthan Schools (Regulation of Collection of Fee) Act, 2013 (for short, hereafter referred to as 'the Act'), has been sought to be impeached in the instant proceedings. Annulment as such has also been sought for of the letter dated 04.04.2014 of the District Education Officer, Secondary-I, Ajmer restraining, inter alia, the schools, as referred to therein, from enhancing fee for admission to any standard or course of study therein for the Academic Session 2014-15 without prior permission of the Committee, constituted under the above enactment and also requiring them to furnish the necessary informations as per the affidavit accompanying the communication.
(2.) We have heard Ms. Archana Mantri, the learned counsel for the petitioner.
(3.) The petitioner has introduced itself to be an association of private educational institutions, dedicated to the welfare of its members and is represented by its president, who, as it is claimed, has been authorized to initiate the instant endeavour. According to the petitioner, composition of the Committee prescribed under Section 5 of the Act, is apparently irrational and unworkable in absence of any representative of the association of the institutions and the parents. It has imputed that the power conferred on the Committee under Section 6 of the Act to determine the fee for admission to any standard or course of study in private schools, is violative of the fundamental right to trade, occupation or business, as guaranteed under Article 19(1)(g) of the Constitution of India. It has been pleaded that quality of education, infrastructural facilities as well as efficient administration of the institutions would logically involve varying expenditure and thus, cannot be lodged in an iron cast mould, as is sought to be mandated. Section 7 of the Act has been repudiated on the ground that the empowerment of the Committee to determine the fee, to be collected by the private schools, is repugnant to the judicial opinion contrary thereto. According to the petitioner, embargo on the revision of fee structure once fixed for a period of three years, is arbitrary and irrational as well and moreso, in absence of any opportunity to the private schools to take initiative in that regard. The petitioner has, thus, contended that these statutory restraints would scuttle day-to-day functioning of the private institutions and render otiose their plans to enhance and improve the quality and infrastructure thereof.;