N.N. Tiwari, J. - (1.) This appeal is against the judgment dated 9.3.2010 passed by Jharkhand Educational Tribunal, Ranchi in Case No. 24 of 2009(JET) whereby the Tribunal has allowed the application of respondent nos. 2 & 3 challenging notice for hike in Tuition fee by the appellant-School.
(2.) The said Tribunal has held that the hike was not warranted and the additional financial burden on account of revision in salaries of the employees could be met out of the revenue surplus generated over the years. The appellant has been directed to keep the rate of tuition fee at the level of the preceding year 2008-09. The Tribunal has further held that the hikes in Annual fee, Contingency fee and Admission fee are unreasonable and directed that those fees be maintained at the level of financial year 2008-09. The Tribunal has directed that the excess amount paid by the students more than the respective prescribed fees for the session 2008-2009, shall be adjusted against the future dues during the academic session 2010-2011. On that process of adjustment would commence from May,2010 and finish within six months thereafter.
(3.) The appellant has challenged the said order on the ground that the appellant-school is privately managed unaided School imparting quality education. It is managed by a society registered under the Societies Registration Act. Decision was taken to revise the teacher's pay and in order to meet the burden to enhance the tuition fee and other fees. Since the appellant-school is unaided, according to the decision of the Supreme Court in ' T.M.A.Pai Foundation & Ors. v. State of Karnataka & Ors.', Reported in (2002) 8 SCC 481, the school is at liberty to revise fee structures.;