Riverdale Foundation vs State Of Chhattisgarh
2022 Latest Caselaw 155 Chatt

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                                                                         NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR
                               WA No. 327 of 2021
Riverdale Foundation Through Its Director, Shri Akshat Goyal S/o Late Anup
Kumar Goyal, Mahasamund Chhattisgarh.
                                                                  ---- Appellant
                                     Versus
1.    State of Chhattisgarh Through Its Secretary, Department of School
      Education, Mahanadi Bhawan, Naya Raipur, Raipur Chhattisgarh.
2.    District Education Officer, Mahasamund, District Mahasamund
      Chhattisgarh.
3.    District Fees Committee, Mahasamund Through Collector, District
      Mahasamund (Chhattisgarh).
4.    Collector, Mahasamund Chhattisgarh.
                                                             ---- Respondents

(Cause-title taken from Case Information System)

For Appellant : Mr. Varun Sharma, Advocate.

For Respondents : Mr. Sudeep Agrawal, Deputy Advocate General.

Hon'ble Shri Arup Kumar Goswami, Chief Justice

Hon'ble Shri N. K. Chandravanshi, Judge

Judgment on Board

Per Arup Kumar Goswami, Chief Justice

10.01.2022

Heard Mr. Varun Sharma, learned counsel appearing for the appellant.

Also heard Mr. Sudeep Agrawal, learned Deputy Advocate General appearing

for respondents.

2. Challenge in this appeal is to an order dated 15.09.2021, whereby the

learned Single Judge declined to stay the order dated 17.06.2021, wherein the

District Education Officer, Mahasamund had directed all the private schools in

the District of Mahasamund, not to increase any fee for the academic session

2021-22.

3. It is submitted by Mr. Varun Sharma, that the appellant - school had

increased the fee by 8% on 03.03.2021, after approval from the School Fees

Committee constituted under the Chhattisgarh Non-Governmental Schools

Fees Regulation Act, 2020 and therefore, respondent No.2 acted illegally and

arbitrarily in restricting the appellant - school from collecting fee determined on

03.03.2021. It is further submitted that no appeal has been preferred against

the decision of the School Fee Committee for enhancement of the fee.

4. Mr. Sudeep Agrawal submits that academic session 2021-22 is going to

end on 31.03.2022. It is submitted that State has filed reply in the writ petition

and therefore, in the attending facts and circumstances, it is appropriate that

the writ petition itself may be disposed of at an early date. He submits that a

perusal of the averments made in the appeal would indicate that the parents

had refused to pay even the existing fee and had sought for complete

relaxation from payment of any fees.

5. The learned Single Judge, noting that there had been no proposal for

salary hike of the staff, declined to pass interim order of stay.

6. In a matter of present nature, we are inclined to agree with the

submission of Mr. Agrawal that instead of considering the interim relief as

made by the appellant, it will be more appropriate if the writ petition itself is

taken up for final disposal as the academic session of 2021-22 is fast

approaching its end.

7. Taking that view, without expressing any opinion on the merits of the

case, the writ appeal is disposed of by providing that the writ petition shall be

listed for final disposal before the learned Single Judge as per roster on

24.01.2022.

8. No cost.

                       Sd/-                                              Sd/-
           (Arup Kumar Goswami)                                 (N. K. Chandravanshi)
                 Chief Justice                                          Judge
Hem