INDIAN SCHOOL, JODHPUR & ANR. Vs STATE OF RAJASTHAN & ORS. - Synopsis
Deyasini Das 16 Jul 2021

In the present case, two sets of appeals were addressed together through one judgement. Association of Rajasthan’s private schools filed the primary set of appeals, challenging various orders and judgements of Rajasthan HC  questioning the validity of the Rajasthan Schools (Regulation of Fee) Act, 2016 (“Act”) and the accordingly framed rules being inconsistent with the fundamental rights guaranteed under Article 19(1)(g) of the Constitution. Further the orders given by State Authorities were challenged through the second set of appeals also filed by Association of Rajasthan’s private schools regarding postponement of school fees, fees reduction and limiting school syllabus formed by the education board in light of the Corona Virus Pandemic. Regarding the primary set of appeals, the Apex Court, acknowledged High Court’s judgement stating the fundamental right guaranteed under Article 19(1)(g) was not unreserved and subjected to rational restrictions. The high court dismissed the challenge made by the petitioners but did not further analyse contentions made against the provisions. The Court attempted such exercise, rather than setting aside the parties to the High Court, and considering past decisions of the Court held, that the managements of these private schools were free to regulate their own fees structure. But, in order to protect the general public from capitation fees or profiteering the Government had the right to regulate these fees as well. The bench referred to the case of Modern Dental College and Research Centre & Ors. v. State of Madhya Pradesh & Ors. and held, “ the statutory provisions which were assailed, the Court held that qua the first set of appeals, the appellants had failed to substantiate the challenge to the validity of the relevant provisions of the Act.”The second set of appeals raised an issue regarding postponement of assortment and fees reduction charged by the private schools due to pandemic, and court’s opinion regarding this was that, the disputing order passed by the State Authorities was given without exercising its power. Article 162 of the Constitution

does not come under the State Government’s aid as there was direct contravention of numerous statutory provision. It was further held by the court that the State Government had direct powers in issuing directions with respect to economic or commercial matters of contract between private parties with which the State had no connection. To uphold the challenged order the arguments made on State Government’s behalf, provisions of Disaster Management Act, 2005 cannot be used as it is not appropriate for the State to issue directions to private parties pertaining to contractual matters.

Thereafter the bench observed that the school association is expected to also take up remedial measures to reduce the sufferings faced by the students and their families apart from imparting education. The court stated that according to assumptions the schools saved at least 15% of their costs. Hence, while disposing off the appeals, certain directions were issued as the only measure to address justice to the parties, stating that at least 15% of the fees must be reduced and the fees should be made payable in instalments. 

 

 

 

 

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