MOHAMMAD RAFIQ,J. - (1.) The arguments were heard on the second stay application. The learned counsel for the petitioners has submitted that a coordinate bench of this court by order dated 24.05.2018 in a bunch of writ petitions leading one being D.B. Civil Writ Petition No.8958/2018 - Bharatiya Vidya Bhavan and Another v. State (Education Department) and Another , while taking note of the fact that majority of the students have deposited the fee at enhanced rate though some of them did not deposit the fee at the enhanced rate, permitted such students to deposit the fee as per the old rate and in the event of their doing so, the respondents were restrained from taking any coercive action against them. The fee deposited at the old rate by such students and as per the enhanced rate by the majority of students, was ordered to remain subject to final outcome of the writ petition. The learned counsel for the petitioners submitted that when the students, who deposited the fee of the first term at the old rate, offered to deposit fees of the second term on the old rate, the respondents refused to follow the said order.
(2.) Mr. Mahendra Singh, learned counsel for the respondents, submitted that in so far as deposit of the fee of the first term by the students with the Vidyashram, Pratap Nagar, Jaipur, is concerned, out of 1609 students, total 1259 students have deposited the fee for the first term at the enhanced rate and 930 students have deposited the fee at the enhanced rate for the second term. Regarding the Vidyashram, K.M. Munshi Marg, Jaipur, out of 3094 students, 2919 students have deposited the fee at the enhanced rate for the first term and likewise 2404 students have deposited the fee at the enhanced rate for the second term. Mr. Mahendra Singh, the learned counsel for the respondents, submitted that pay of the staff of the school was revised with effect from 01.01.2018 pursuant to the recommendations of the Seventh Pay Commission and owing thereto, there was additional burden of 31% on the financial resources of the school in the financial year 2018-19 in comparison to the financial year 2017-18. It is submitted that the school management has challenged validity of the relevant provisions of the Rajasthan Schools (Regulations of Fee) Act, 2016 and the Rajasthan Schools (Regulations of Fee) Rules, 2017 as also the order dated 19.04.2018 passed by the District Education Officer (Secondary), Jaipur-I, Jaipur and the order dated 30.04.2018 passed by the Director, Secondary Education for Rajasthan, Bikaner, the operation of which was stayed by this court vide order dated 24.05.2018, supra.
(3.) Mr. S.K. Gupta, the learned Additional Advocate General appearing on behalf of the State, submitted that the respondent school-management ought to follow the same interim order for the subsequent terms till the writ petitions remain pending and ought not to compel the students or their parents to deposit the fee as per the enhanced rate.;