HC directs Fee Fixation Committee to take final decision over transport charges

Srinagar: High Court of J&K and Ladakh on Monday directed the Committee for Fixation and Regulation of Fee of Private Schools to take expeditiously a final decision with regard to transport charges after hearing from the Private Schools Association.

A division bench of Justice Ali Muhammad Magrey and Justice Mohan Lal issued the direction after Additional Advocate General (AAG) Asifa Padroo informed the court that the Administrative Officer of the Fee Fixation Committee has taken up the matter with J&K’s Additional Secretary School Education Department thereby apprising him that the order allowing 12 per cent hike in transport charges was “temporary” in nature.

   

The AAG further submitted that the Administrative Officer had also apprised the Additional Secretary that the Committee would pass the final order in the matter after hearing all stakeholders, including the Association.

“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,” the court said.

Notably, the court had on March 26 sought the view of the Committee for Fixation of Regulation of Fee of Private Schools on increasing the transport charges.

The court had sought the view after senior advocate Z A Shah on behalf of the Association submitted that the Association would feel satisfied in the event the instant petition was disposed of with a direction to the Committee through Administrative Officer to take final decision in the matter after hearing all members of the Association.

In its petition, the Private Schools Association was aggrieved of order no. 01-FFRC of 2022 “dated 9.03.2022 issued by Fee Fixation Committee as also order no.DSEK/GS/54/Misc/2022/2582 dated 14.03.2022 issued by Director, School Education Kashmir.”

The orders were challenged by the Association, primarily, on the ground that the Committee, while hiking the ‘Transport Charges’ by a meagre 12 per cent none of its member Schools was heard. It is contended that there was no credible material before the Committee to arrive at the conclusion that only 12 per cent hike needed to be allowed in the ‘Transport Charges’ and that had the 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 relevant factors.

Simultaneously, the Association was also seeking a direction in the name of the Committee to determine the ‘Transport Charges’ as per actual rates after hearing it.

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