Private Schools Association Jammu And Kashmir vs Union Territory Of JK & Ors

Ali Mohammad Magrey, J

Impugned in this Petition, filed under 226 of the Constitution of India, is the Order bearing No. 01-FFRC of 2022 dated 9th of March, 2022 issued by the Committee for Fixation and Regulation of Fee of Private Schools in the Union Territory of J&K-Respondent No.3 (hereinafter referred to as ‘the Committee’); as well as Order No. DSEK/GS/54/Misc/2022/2582 dated 14th of March, 2022 issued by the Director, School Education, Kashmir-Respondent No.2. Simultaneously, the Petitioner-Association is also seeking a direction in the name of the Committee to determine the ‘Transport Charges’ as per actual rates after hearing the Petitioner-Association.

The aforesaid impugned orders are challenged by the Petitioner-Association, primarily, on the ground that the Committee, while hiking the ‘Transport Charges’ by a meagre 12%, none of the member Schools of the Petitioner-Association were heard. It is contended that there was no credible material before the Committee to arrive at the conclusion that only 12% hike needs to be allowed in the ‘Transport Charges’ and that, had the Petitioner-Association been granted an opportunity, sufficient material would have been placed before the Committee so as to adequately increase the hike in the ‘Transport Charges’ on the basis of all relevant factors like the National Index, increase in fuel charges, increase in Insurance, Tax, etcetera, etcetera.

When this Petition came up for consideration before the Court on the very motion hearing, viz. 25th of March, 2022, Mr Z. A. Shah, the learned Senior Counsel appearing on behalf of the Petitioner-Association, had submitted that the Petitioner-Association shall feel satisfied in the event the instant Petition is disposed of with a direction to the Committee to take final decision in the matter after hearing all members of the Petitioner-Association on the subject and pass appropriate orders thereon within some reasonable timeframe. Having regard to the said submission made by the learned Senior Counsel, the Court thought it just and proper to ask the learned Additional Advocate General representing the Respondents to get instructions in the matter on the next date of hearing with regard to the aforesaid proposition made by the learned Senior Counsel.

Today, when this matter came up for consideration, Ms Asifa Padroo, the learned Additional Advocate General, on instructions, informed the Court that the Administrative Officer of the Committee has taken up the matter with the Additional Secretary to the Government of the Union Territory of Jammu and Kashmir, School Education Department, thereby apprising him about the Order impugned being temporary in nature. The learned Additional Advocate General further submitted that the Administrative Officer has also apprised the Additional Secretary to the Government that the Committee will pass the final order in the matter after hearing all stakeholders, including the Petitioner-Association.

The afore being the position, we dispose of this Petition with a direction to the Committee to consider the matter finally and take final decision thereon most expeditiously after affording an opportunity of being heard to the Petitioner-Association.

Writ Petition disposed of as above, along with the connected CM.