INDIAN SCHOOL, JODHPUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(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.

(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.