Foundation World School vs Ut Of J&K And Others
2021 Latest Caselaw 970 j&K/2

                                                              S. No. 34
                                                       Supplementary - 1 Causelist


 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                AT SRINAGAR

CJ Court
                          Case: WP (C) 1672/2021

Foundation World School
                                                  ... Petitioner/Appellant(s)
Through: Mr. Z. A. Shah, Sr. Advocate with Mr. A. Hanan, Advocate

                          V/s
UT of J&K and others
                                                           ... Respondent(s)

Through: Mr. D. C. Raina, Advocate General, with Mr. Sajad Ashraf, GA


CORAM: HON'BLE THE CHIEF JUSTICE
       HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                                  ORDER

26-8-2021

1. In challenging the judgment and order dated 12.8.2021 passed by the Committee for Fixation & Regulation of Fee of Private Schools, J&K (FFRC), the submission of Mr. Shah, learned senior counsel is that the Rules framed under the J&K School Education Act, 2002 vide Rule 9 categorically provide that the admission fee shall be charged only once i.e. upon the first enrolment of the student in the school meaning thereby that the schools are entitled to charge admission fee though only once on the admission of the student for the first time, but the FFRC by the impugned order has directed for the return and refund of the admission fee amounting to Rs.50,000/- to the parents of each student on a complaint made by one of them as it is not chargeable in law.

2. Mr. Raina, learned AG, contends that the Fee Fixation Committee has relied upon paragraph 8 of the FFC order No. 01 of 2019 dated 28.1.2019 which provides that the private educational institutions shall not charge in any manner any other fee including the admission fee or any amount, by whatever name called, than the fee(s) prescribed above.

WP (C) 1672/2021 page - 2

3. Since the rule prima facie permits charging of the admission fee, we entertain this petition and direct it to be listed with some other writ petitions of somewhat similar nature which have already been entertained.

4. Accordingly, we direct this petition to be listed with WP(C) 1021/2021 which is already fixed for 13.9.2021.

5. Mr. Shah, learned senior counsel, on behalf of the petitioner school undertakes that in the event the petitioner loses the writ petition, it will deposit/refund the entire admission fee to the parents of each of the student. Subject to above undertaking, no coercive step in regard to refund of admission fee shall be taken against the petitioner for non-refund of it within the time fixed by the Committee.

6. List on 13.09.2021 by which time necessary response be filed.

                                        (SANJAY DHAR)             (PANKAJ MITHAL)
                                            JUDGE                   CHIEF JUSTICE

           Srinagar
           26-08-2021
           N Ahmad




NISSAR A BHAT
2021.08.27 10:59
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