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| HC directives in increase of bus fare by private schools | | | Early Times Report
JAMMU, Mar 28: A division bench of Jammu & Kashmir High Court comprising Justice Ali Mohammad Magrey and Justice Mohan Lal has disposed of a petition filed by Private Schools Association Jammu and Kashmir challenging the order issued by the Committee for Fixation and Regulation of Fee of Private Schools and Director, School Education, Kashmir.
The DB disposed of the petition with the direction to the Committee to consider the matter finally and take final decision thereon most expeditiously after affording an opportunity of being heard to the petitioner. The petitioner has also sought a direction in the name of the Committee to determine the 'Transport Charges' as per actual rates.
The DB observed that the impugned orders are challenged by the petitioner-Association, primarily, on the ground that the Committee, while hiking the 'transport charges' by a meagre 12 percent none of the member Schools of the Petitioner-Association were heard. It is contended that there was no credible material before the Committee to arrive at the conclusion that only 12 percent hike needs to be allowed in the 'transport charges' and that, had the Petitioner-Association been granted an opportunity, sufficient material would have been placed before the Committee so as to adequately increase the hike in the 'transport charges' on the basis of all relevant factors like the national index, increase in fuel charges, increase in insurance, tax, etcetera, etcetera.
The DB observed that Z. A. Shah, appearing on behalf of the Petitioner-Association, had submitted that the Petitioner-Association shall feel satisfied in the event the instant petition is disposed of with a direction to the Committee to take final decision in the matter after hearing all members of the Petitioner-Association on the subject and pass appropriate orders thereon within some reasonable timeframe.
Asifa Padroo, Additional Advocate General, informed the court that the administrative officer of the Committee has taken up the matter with the Additional Secretary, School Education Department, thereby apprising him about the Order impugned being temporary in nature. The Additional Advocate General further submitted that the administrative officer has also apprised the Additional Secretary that the Committee will pass the final order in the matter after hearing all stakeholders, including the Petitioner-Association.
The DB after hearing both the sides disposed of this petition with a direction to the Committee to consider the matter finally and take final decision thereon most expeditiously after affording an opportunity of being heard to the Petitioner-Association. |
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