Indian Education Society And ANR v. Thane Zilla Parishad Through Education Dept.

(27)-WP-11075-16.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11075 OF 2016 Indian Education Society and another ..Petitioners

Versus

Thane Zilla Parishad and another ..Respondents Mr. A. G. Kothari I/by Ms. Nandini G. Menon, Advocate for the Petitioners.

Ms. Nisha Mehra, AGP for the Respondent Nos.1a & 1b. CORAM : PRADEEP NANDRAJOG, C.J. & N. M. JAMDAR, J.

DATE : 3rd JULY, 2019 P.C.

1] Heard learned counsel for the parties. The grievance is to the communication dated 05.07.2016 issued by the Education Officer (Secondary) Zilla Parishad, Thane to the Petitioner informing as under :- "In relation to the aforesaid Complaint, you are put on notice that you are required to cancel the fee increase and follow the procedure under the Fee Regulation Act (FRA 2014). Please take notice that the entire responsibility of any future court litigation shall be upon you." 2] The first contention advanced is that the Education Officer (Secondary) is not the competent authority to receive any complaint concerning increase in fee. Taking argument forward it is BGP. 1 of 2

(27)-WP-11075-16.doc.

urged that a Fee Regulatory Committee has been constituted and only if a complaint is made by parents or teachers of a school can the committee look into the issue of increase in fee. Meaning thereby, third parties have no right to make a complaint on the subject of fee. The last submission is that in response to the notice issued to the Petitioner on the complaint lodged by a politician, with material responsible was that the procedure prescribed to enhance fee was followed. At a parents teacher meeting enhancement of the fee was placed before the house and approved.

3] Suffice it to state the impugned order does not record any fact but reaches the conclusion that the procedure to enhance the fee was not followed. The decision being sans any reasons warrants to be quashed and accordingly we quash the communication dated 05.07.2016.

4] We do not permit the Education Officer to re-decide the issue for the reason the right to question the enhancement of the fee is vested either in the parents of the wards admitted in the school or the teachers of the school.

5] The Petition is disposed of. No costs.

N. M. JAMDAR, J CHIEF JUSTICE BGP. 2 of 2