INDIAN SCHOOL, JODHPUR Vs. STATE OF RAJASTHAN
LAWS(SC)-2021-5-2
SUPREME COURT OF INDIA (FROM: RAJASTHAN)
Decided on May 03,2021

Indian School, Jodhpur Appellant
VERSUS
STATE OF RAJASTHAN Respondents





Cited Judgements :-

CHAITANYA EDUCATIONAL SOCIETY VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2021-10-53] [REFERRED TO]
DELTA CORPORATION VS. STATE OF GOA [LAWS(BOM)-2023-4-225] [REFERRED TO]
AMBE PUBLIC SCHOOL VS. STATE OF GUJARAT [LAWS(GJH)-2022-7-602] [REFERRED TO]
ADARSH BHUSHAN VS. STATE OF U. P. [LAWS(ALL)-2023-1-165] [REFERRED TO]
MARUTI ANANTRAO HINGANE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2024-6-184] [REFERRED TO]
INDEPENDENT SCHOOLS FEDERATION OF INDIA (REGD.) VS. UNION OF INDIA [LAWS(SC)-2022-8-106] [REFERRED TO]
RASHMI EDUCATION TRUST VS. STATE OF KARNATAKA [LAWS(KAR)-2023-1-8] [REFERRED TO]


JUDGEMENT

A.M.KHANWILKAR, J. - (1.)These two sets of appeals are being disposed of by this common judgment.
(2.)In the first set of appeals, six appeals[1] emanate from common judgment and order dated 14.08.2019 passed by the High Court of Judicature for Rajasthan at Jodhpur and two other appeals[2] against the judgment and order dated 11.02.2020 of the Jaipur Bench of the same High Court, which followed the earlier decision of the Jodhpur seat referred to above. In these matters, the appellants (Management(s) of private unaided schools in the State of Rajasthan) had assailed the validity of the Rajasthan Schools (Regulation of Fee) Act, 2016[3], in particular Sections 3, 4, 6 to 11, 15 and 16 and the Rules framed thereunder titled Rajasthan Schools (Regulation of Fee) Rules, 2017[4], in particular Rules 3, 4, 6 to 8 and 11 thereof being ultra vires the Constitution and abridge the fundamental right guaranteed under Article 19(1)(g) of the Constitution of India.
[1] arising out of SLP (C) No. 27881 of 2019; SLP (C) Nos.27907-27916 of 2019; SLP (C) No. 27987 of 2019; SLP (C) No. 2942 of 2020; SLP (C) No. 5902 of 2020; and SLP (C) No.............of 2021 @ Diary No(s). 6803 of 2020;

[2] arising out of SLP (C) Nos. 5470 and 5589 of 2020

[3] for short, "the Act of 2016"

[4] for short, "the Rules of 2017"

(3.)In the second set of appeals, four appeals[5], also filed by the Management(s) of private unaided schools in the State of Rajasthan, emanate from the common judgment and order dated 18.12.2020 of the same High Court. In these appeals, the challenge is to the orders passed by the State Authorities on 09.04.2020, 07.07.2020 and 28.10.2020 regarding deferment of collection of school fees including reduction of fees limited to 70 per cent of tuition fees by schools affiliated with the Central Board of Secondary Education and 60 per cent from the schools affiliated with Rajasthan Board of Secondary Education, in view of reduction of syllabus by the respective-Boards due to aftermath of pandemic (lockdown) from March 2020.
5 arising out of SLP (C) No.............of 2021 @ Diary No(s). 44 of 2021; SLP (C) No. 431 of 2021; SLP (C) Nos. 577-579 of 2021; and SLP (C) No. 2494 of 2021



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