MP Niji Vidyalaya Adhiniyam | Statutory Remedy Exist Against District Committee Order: Madhya Pradesh HC Dismisses Private Schools’ Plea Against Order Fixing Fees
|The Madhya Pradesh High Court dismissed the Writ Petition of Private Schools that approached the High Court against orders of the District Committee fixing fees.
The Court said that Section 11 of Madhya Pradesh Niji Vidyalaya (Fees Tatha Sambandhit Vishayon Ka Viniyaman) Adhiniyam 2017 provides a statutory remedy against the orders of the District Committee.
The Court was hearing a batch of petitions that challenged the impugned orders that were passed by the District Committee in exercise of power conferred under Madhya Pradesh Niji Vidyalaya (Fees Tatha Sambandhit Vishayon Ka Viniyaman) Adhiniyam 2017 and also the Rules called Madhya Pradesh Niji Vidyalaya (Fees Tatha Sambandhit Vishayon Ka Viniyaman) Rules, 2020.
The bench of Justice Maninder S. Bhatti observed, “As per section 11 of the Act of 2017, there exists statutory remedy of appeal against the order passed by the District Committee, therefore, all the contesting issues i.e. effect of non compliance of Section 4(1) of the Act of 2017 and Rule 3(1) of the Rules of 2020; uploading/ non-uploading of information in the portal; the issue pertaining to Uniform being an issue covered within the definition of Section 2(3) is a related issue and the orders impugned would amount to regulation of fee or fixation of fee, require consideration by the appellate Authority.”
Advocate Sankalp Kochar appeared for the Appellant and Deputy Advocate General Bramhadatt Singh appeared for the Respondent.
Brief Facts-
It is the case of the Petitioners that the impugned orders by the District Committee violate the statutory provisions of the 2017 Act and its Rules as it has overstepped its authority by fixing fees instead of regulating them, rendering the orders void of jurisdiction. Additionally, they allege violations of natural justice principles, as the Committee failed to conduct required inquiries. The petitioners also asserted that excessive penalties were imposed on them.
The Court said that as there already exists an efficacious alternative remedy under Section 11 of the Act of 2017, it is not inclined to entertain the petitions.
Accordingly, the Court dismissed the Petitions.
Cause Title: St. Aloysius Senior Secondary School Polipathar Jabalpur v. State of Madhya Pradesh
Appearance:
Petitioners: Adv. Sankalp Kochar and Adv. Anshuman Singh
Respondents: DAG Bramhadatt Singh