SC Refuses to Entertain SLP Charging Composite Fee by Schools

A Bench comprising of Justice A.M. Khanwilkar, Justice Dinesh Maheshwari and Justice Sanjiv Khanna 

refused to entertain the SLP challenging the Judgment an Order Dated 22.06.2020 of Allahabad High Court

passed in Writ Petition No. Writ C 9895/2020, by means of which the High Court dismissed the Petition

seeking a declaration for declaring the Section 3(3)(a)(iv) of U.P. Self Financed Independent Schools (Fee Regulation) Act, 2018

as ultravires to Article 14 of the Constitution of India which facilitates the self finance independent schools to charge

“composite fee” under Section 3(3)(a)(iv) of U.P. Self Financed Independent Schools (Fee Regulation) Act, 2018

from the students admitted in the individuals.

The High Court dismissed the Petition on following ground:

In none of the paragraphs in the writ petition, the petitioner has disclosed, as to how, he is aggrieved by provisions

under Section 3(3)(a)(iv) of U.P. Self Financed Independent Schools (Fee Regulation) Act, 2018. He has not even

disclosed that his child has been admitted to any of such schools or he has been forced to deposit fee regulated

by Section 3(3)(a)(iv) of U.P. Self Financed Independent Schools (Fee Regulation) Act, 2018. 

We, therefore, find that the present petition is wholly misconceived and the same is, accordingly, dismissed.

The Petitioner challenged the Judgment of Allahabad High Court by means of SLP No. 8265 of 2020,

which has been disposed off by Supreme Court vide Judgment and Order Dated 14.08.2020.

While disposing off the appeal the court observed:

We find no infirmity in the factual aspect noted by the High Court in the impugned order that the petitioner

has not even disclose in the writ petition that his child has been admitt to any school or has been forced

to deposit fee regulated by the impugned provision.

 In our opinion, this Court need not dilate on this matter.

 We grant liberty to the petitioner to file review petition before the High Court, including to pray for liberty

to amend the memo of writ petition so as to furnish necessary material facts and ask for further relief(s), as may be advised.

That request be consider by the High Court on its own merits and in accordance with law.

 The Special Leave Petition is dispose of accordingly.

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