VIBGYOR HIGH SCHOOL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This common judgment will dispose of both the petitions together, as common questions arise for consideration therein. The former petition is filed by Vibgyor High School. The second petition is filed by Rustom Kerawalla Foundation for the same reliefs.

(2.) By the former petition, viz., Writ Petition No.1919 of 2009, under Article 226 of the Constitution of India, the petitioner- school, which claims to be a minority private unaided school engaged in running a primary and secondary school under affiliation from Council for Indian Certificate of Secondary Examination (ICSE), International General Certificate of Secondary Education, University of Cambridge, U.K. (IGCSE) and offering National Institute of Open Schooling (NIOS) Curriculum, has taken exception to the orders passed by the Deputy Director of Education, respondent No. 2, dated 3rd July, 2009 and 4th September, 2009. Further, the petitioner-school prays for consequential relief of restraining respondents No. 1 and 2 by themselves and/or through their servants, officers, agents or subordinates from interfering with or preventing the implementation of the petitioner's circulars, which stipulate the school fees payable by students of the ICSE Primary and Secondary Divisions of the petitioner-school in respect of academic year 2009-10.

(3.) By the impugned decision, respondent No. 2 disallowed the expenses incurred by the petitioner-school towards school building rent in the sum of Rs.2.50 crores per annum. The amount towards other expenses claimed by the petitioner-school, however, was accepted by respondent No. 2 as usual expenditure to entitle the petitioner-school to claim as part of the fee amount from its students. On that finding, respondent No. 2 approved the fees prescribed by the petitioner-school to the extent of Rs. 54,598/- for Primary Section and Rs.61,149/- for Secondary Section from the year 2008-09.