Vibgyor High International ... vs State Of Gujarat
2022 Latest Caselaw 6604 Guj

    C/SCA/3731/2022                                CAV JUDGMENT DATED: 22/07/2022




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/SPECIAL CIVIL APPLICATION NO. 3731 of 2022

                                   With
                R/SPECIAL CIVIL APPLICATION NO. 3571 of 2022

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE BHARGAV D. KARIA

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1 Whether Reporters of Local Papers may be allowed to see the judgment ?

2 To be referred to the Reporter or not ?

3 Whether their Lordships wish to see the fair copy of the judgment ?

4 Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ?

========================================================== VIBGYOR HIGH INTERNATIONAL SCHOOL Versus STATE OF GUJARAT ========================================================== Appearance:

MR MIHIR THAKORE, SENIOR ADVOCATE WITH MR ANIP A

MS MANISHA L SHAH, SENIOR ADVOCATE, MR KM ANTANI for the

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CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA

Date : 22/07/2022

CAV JUDGMENT

1. Rule. Learned advocate Mr. K.M. Antani waives service of notice of rule on behalf of the

C/SCA/3731/2022 CAV JUDGMENT DATED: 22/07/2022

respondents in the respective petitions.

2. These petitions are filed challenging the provisional orders of the Fee Regulatory Committee determining the fees for the years 2020-2021, 2021-2022, 2022-2023 and 2023-2024 in the second proposal filed by the petitioner. However, it appears that FRC has decided the second proposal submitted by the petitioner for three years from 2020-2021, 2021-2022 and 2022-2023, FRC determined the fees for the year 2021-2022 vide order dated 5.3.2021 against which revision application was preferred by the petitioner. Fee Revision Committee passed the order dated 20.10.2021 dismissing the revision application upholding the order dated 5.3.2021. The petitioner has challenged the same in Special Civil Application No.17957/2021. It appears that thereafter FRC has passed the provisional order inter-alia fixing the fees for the aforesaid years without giving any opportunity to the school to be heard and disallowed 40% of the expenses incurred by the petitioner school by order dated 7.12.2021.

3. Being aggrieved by the said order the petitioner school has filed this petition.

C/SCA/3731/2022 CAV JUDGMENT DATED: 22/07/2022

4. In view of judgment passed by this Court in Special Civil Application No.2356/2021 and other allied matters by judgment and order of even date, these petitions are also disposed of with a direction to the FRC to follow the guidelines stipulated in the aforesaid judgment while determining the final proposal for fees within a period of 12 weeks from the date of receipt of a copy of this order.

5. Rule is made absolute in the respective petitions. No order as to costs.

(BHARGAV D. KARIA, J) RAGHUNATH R NAIR