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| Collection of fee by private schools during curfew | | HC dismissed petition | | Early Times Report
Jammu, Dec 7: In a petition, filed by advocate SH Thakur for quashing the announcement made by president Private Schools Association for the collection of the fee from July 2016 till date, terming such announcement as illegal, unfair and against the mandate of law, Justice Ali Mohammad Magrey of J&K High Court after hearing both the sides observed that Courts before entertaining the PIL should ensure that the PIL is aimed at redressal of genuine public harm or public injury.
The Court observed that it should also ensure that there is no personal gain, private motive or oblique motive behind filing the public interest litigation and Courts should also ensure that the petitions filed by busybodies for extraneous and ulterior motives must be discouraged by imposing exemplary costs or by adopting similar novel methods to curb frivolous petitions and the petitions filed for extraneous considerations.
With these observations Court observed that petitioner has failed to make out a case for entertaining the petition on the strength of the pleadings and for the relief claimed, therefore, the writ petition deserves to be dismissed. The petition also sought a command from the court for the implementation of SRO 123 by the government, besides a direction to the chairman, pay fixation committee to issue necessary order on the subject of collection of the tuition fee for the period when the private schools remained defunct. The petitioner, who is an advocate in the High Court, pleads in the petition that he was compelled by the circumstances and exploitation of the parents by the private schools who have been forced to deposit the fee, despite the schools remaining closed from 8th July, 2016. Pertinently, the academic session 2015-16 started in the month of November 2015. The schools closed for winter vacations on 3rd Dec 2015 and reopened on 14th March 2016. The schools worked till 5th of July 2016and the total working period of the schools during the entire session comes to about three months when they "are demanding the fee for the whole year." The petition pleads that the private schools were closed like government schools and no efforts were put in by them for restoring the educational activities nor they took any initiative of their own to start the schools and like other commercial establishments they too remained completely closed from July 8. |
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