ATULKUMAR NIRANJANBHAI DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) All these petitions are filed under Article 226 of the Constitution of India in which the petitioners have challenged the constitutional validity of the Gujarat Self Financed Schools (Regulation of Fees) Act, 2017 (hereinafter referred to as the 'Act of 2017') and Gujarat Self Financed Schools (Regulation of Fees) Rules, 2017 (hereinafter referred to as the 'Rules of 2017') on the ground that the provisions of the aforesaid Act and the Rules are ultra vires to Article 19(1)(g) of the Constitution of India and Article 14 and Article 30 of the Constitution of India. The petition being Special Civil Application No.12897 of 2017 has been filed by the parent for implementation of the Act of 2017 and the Rules of 2017. The issues involved in all these petitions are similar and therefore with the consent of the learned advocates appearing for the parties, all the petitions are heard together and are disposed off by this common judgment.

(2.) All these petitions can be classified into different categories. (a) The petitions filed by CBSE, ICSE and IB board, (b) the petitions filed by schools affiliated to state board, (c) the petitions filed by minority CBSE schools, (d) Writ Petition (PIL) filed by the parent and (e) one petition being Special Civil Application No.12897 of 2017 filed by parent for implementation of the Act of 2017 and Rules of 2017. The facts stated in the lead matters in each of the aforesaid categories are referred in brief as under: SPECIAL CIVIL APPLICATION NO.9523 OF 2017:

(3.) This petition is filed under Article 226 of the Constitution of India by Schools Welfare Federation contending that the petitioner no.1 therein is not for profit company incorporated under Section 8 of the Companies Act, 2013 and having approximately 44 members. The members of the petitioner no.1-association run schools which are affiliated to the Central Board of Secondary Education, New Delhi ('CBSE' for short).