Srinagar, Aug 23: The High Court of J&K and Ladakh on Tuesday kept in abeyance an order by the Committee for Fixation and Regulation of Fee of Private Schools by which it had permitted enhancement of 12 percent in the transportation fee charged from the students in October 2019 that is before the start of Covid-19.
The Committee passed the order on March 9 this year. A division bench of Chief Justice Pankaj Mithal and Justice Moksha Khajuria Kazmi passed the order after hearing a petition filed by Delhi Modern Public School through senior advocate Gaurav Pachnandan with advocate Aatir Javed Kawoosa.
The senior counsel submitted that 12 percent increase was not sufficient and that the functions of the fee fixation committee were not prescribed by the Government, as there were no rules in place at the relevant time.
As such, he contended, the fee fixation committee had no jurisdiction to fix the transportation fee. The senior counsel further submitted that “certain provisions of the Act are ultra vires.”
After hearing him, the court ordered that the petition be connected with the main petition whereby notices have been issued and the effect and operation of the order passed by the Fee Fixation Committee in J&K has been kept in abeyance.
“The respondents are directed to file a counter affidavit within one month. Two weeks thereafter are allowed to the petitioners to file rejoinder affidavit,” the court said, adding, “Until further orders, the effect and operation of the impugned order dated 09.03.2022 shall remain in abeyance”.