ST. THOMAS SCHOOL Vs. STATE OF JHARKHAND
LAWS(JHAR)-2007-8-24
HIGH COURT OF JHARKHAND
Decided on August 28,2007

St. Thomas School Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

AMARESHWAR SAHAY, J. - (1.) SINCE the question raised in all the writ applications are same and similar and, as such, all the writ applications were taken up together and are being disposed of by this common order with the consent of the parties.
(2.) ACCORDING to the petitioners, all the petitioners of the writ applications are the private minority schools situated in and around Ranchi town, which are registered under the Society Registration Act and are recognized and affiliated to Indian Certificate School Education (ICSE), Delhi and they are engaged in imparting education up to Class -XII. The points raised by the petitioners in all the writ applications are very short. Their grievances are that Jharkhand Education Tribunal by its order as contained in Annexure -1 to the writ applications dated 24/04/2007 has stayed the increase of educational fees and Bus fare by the private schools running in the District of Ranchi and by the same order a Committee to examine the necessity for increasing such fees has also been constituted, which is illegal and without jurisdiction being violative of Sections 9 and 13 of the Jharkhand Education Tribunal Act.
(3.) MR . Jerath, learned Counsel appearing for the petitioners submitted that Jharkhand Education Tribunal, Ranchi, has been constituted under Jharkhand Education Tribunal Act, 2005. Section 8 of the aforesaid Act speaks about the jurisdiction, powers and authority of the Tribunal, which reads as under: 8. Jurisdiction, Power and authority of the Jharkhand Education Tribunal - (1) Save as otherwise expressly provided in this Act, the Jharkhand Education Tribunal shall exercise on and from the appointed day, all the jurisdiction, power and authority exercisable immediately before that day by all Courts (Except the Jharkhand High Court and Supreme Court of India) regarding: (a) Matters concerning recruitment to any post in connection with the affairs of the educational institution; (b) All matters concerning the service conditions of employees of the educational institution; (c) Grievances of the employees against the management of the educational institutions; (d) Grievances of the guardians and parents of students against the management of the educational institutions regarding teaching standards, fee structure, infrastructural facilities, development works and allied matter related thereto; (e) Such matters relating to educational institutions as may be referred to the tribunal by the State Government by notification from time to time. ;


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