| HC stays DM's order imposing ban on admission fee, sale of stationery items by schools | | | Jammu, Apr 26: In petition filed by Mount Litera Zee School, Logate Kathua & Ors seeking quashment of the order No. DMK/JC/2018-19/2534-41 dated 05.04.2018 issued by the District Magistrate Kathua imposing ban on Admission fee, sale of stationary items, uniforms etc in exercise of powers under section 144 Cr.P.C. Justice Alok Aradhe of J&K High Court Jammu Wing after hearing Adv Nitin Bhasin for the schools, issued notices to Chief Secreatry and District Magistrate Kathua and stayed the order till next date of hearing. During the course of hearing Adv Niting Bhasin submitted that petitioner Schools are registered and affiliated with CBSE, they are governed by the CBSE Bye laws and bound to follow the guidelines, orders, notification etc. issued by the CBSE from time to time. As per the J&K School Education Act, 2002 and J&K School Education Rules, 2010 promulgated vide notification SRO 123 of 2010, there is no power vested with the Government or any authority constituted by it to deal with fee fixation or fee revision or other affairs of petitioner-schools which are registered and affiliated with CBSE but have relevance with the schools which are registered with the State Board of School Education and now on the commencement of the new academic session 2018-19, the District Magistrate Kathua has issued an order dated 05.04.2018 thereby imposing Ban on Admission fee, sale of stationary items, uniforms etc in exercise of powers under section 144 Cr.P.C.
He further submitted that it is relevant to mention here that Section 144 of Cr.P.C deals with power to issue order in urgent cases of nuisance or apprehended danger and hence was not applicable in this case. |
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