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Uttarakhand HC quashes appointment of two ex-judges in fee regulatory bodies

Team SoOLEGAL 18 Jun 2018 10:30am

Uttarakhand HC quashes appointment of two ex-judges in fee regulatory bodies

The Uttarakhand HC bench of justices Rajiv Sharma and Lok Pal Singh, while acting on a petition filed by Pradeep Datta, quashed the appointments of two retired judges in fee regulatory bodies – meant for the state’s unaided private professional education institutions.

Datta in his petition alleged that exorbitant fee is being charged by professional un-aided educational institutions. He also claimed that “Students are asked to furnish advance bank guarantees, thereby making it difficult for the parents belonging to the lowest strata to impart education to their children in unaided professional educational institutions.”

During the hearing, the HC bench noted that two of its retired judges were appointed by the Uttarakhand government in fee regulatory bodies following an amendment made in the year 2010 to the Uttarakhand Unaided Private Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006.

However, the HC bench overruled the amendments to the Act and quashed the appointment of Justice Gurmeet Ram as chairman of Admission and Fee Regulatory Committee and Justice Brijesh Kumar Srivastava as Chairman of the Appellate Authority.

The court set aside the appointments on the ground that the ex-judges were appointed without consulting the Chief Justice of High Court as the procedure was laid down by the Supreme Court earlier.

The court then directed the state government to send a proposal to the chief justice for nominating retired judges as head of the admission and fee regulatory committee and head of the appellate authority within three weeks.

The HC also asked the government to enact a suitable law for regulating the admission and fee structure in private unaided schools in Uttarakhand in three months.

The court further directed that “the Admission and Fee Regulatory Committee shall ensure that the fee structure of students belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, Disabled persons, persons below the poverty line and including wards of Freedom fighters is not exorbitant.”

 

Tagged: Uttarakhand HC   Uttaranchal Unaided Private Professional Education Institutions Act   Admission and Fee Regulatory Committee   Appellate Authority  
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