Ashoka Universal School Through Its Principal And ANR. v. The State Of Maharashtra And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4649 OF 2017 Ashoka Universal School & Anr ... Petitioners

Versus

The State of Maharashtra & Ors.

...Respondents

WITH WRIT PETITION NO. 6375 OF 2017 Nashik Cambridge School & Anr.

... Petitioners

Versus

The State of Maharashtra & Ors.

...Respondents

Mr. R.S. Apte, Senior Advocate, with A.A. Garge, Adv. for the Petitioners in WP No. 4649 of 2017.

Mr. Gurudev S. Gorwadkar, Adv. for the Petitioners in WP No. 6375 of 2017.

Mr. V.N. Sagare, for Respondents Nos. 1 and 2 in the both Writ Petitions.

CORAM:

B.R. GAVAI AND RIYAZ I. CHAGLA, JJ.

DATED:

3rd August 2017 PC:- 1.

Despite duly served, none appears for the Respondent No.3. Mr. Sagare, learned AGP on behalf of the Respondents waives service.

2.

Rule. Rule made returnable forthwith. Heard by consent.

3.

The Petitioners have challenged the order passed by the Respondent No.2 Committee thereby allowing Respondent No.3 to file application and the other Appeals challenging the fixing of fees by the Petitioner - School. 4.

From the perusal of the impugned order, it would reveal that though a specific issue of jurisdiction was raised by the Petitioners before the learned Tribunal, the same has been rejected.

5.

The ratio is no more res integra. This Court vide judgment and order in Writ Petition No. 7594 of 2017 and Writ Petition (L) No. 471 of 2017 decided on 18th July 2017, upon perusal of the scheme of the Maharashtra Educational Institutes (Regulation of Fees) Act, has held that the individual parents cannot directly approach the Divisional Fee Regulatory Committee (DFRC).

6.

In that view of the matter, both the Petitions deserve to be allowed.

7.

The impugned order dated 3rd April 2017 is quashed and set aside. Rule is made absolute.

(RIYAZ I. CHAGLA J.) ( B.R. GAVAI J.)