JOY SENIOR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed challenging the show-cause notice dtd. 21/4/2022 (Annexure P-9), issued by the respondent no.3 Collector, Jabalpur on a complaint made by a student with respect to escalation of the fees in violation of the provisions of the Madhya Pradesh Niji Vidyalaya (Fees Tatha Sambandhit Vishayon Ka Viniyaman) Adhiniyam, 2017.

(2.) Itis argued that the notice was issued to the petitioner on earlier occasion on 28/3/2022, which was duly replied by the petitioner. Without considering the submissions and reply filed by the petitioner again a show-cause notice dtd. 21/4/2022 (Annexure P-9) has been issued, which is impugned in the present petition; whereby, the learned Collector, who was not satisfied with the reply filed by the petitioner hold it guilty; and thereafter, directed for appearance of the petitioner today for submitting the explanation. It is pointed out in terms of Sec. -7 of the Madhya Pradesh Niji Vidyalaya (Fees Tatha Sambandhit Vishayon Ka Viniyaman) Adhiniyam, 2017 (hereinafter referred to as 'the Act of 2017 for the sake of brevity) there should be a formation of a District Committee for Regulating Fee duly headed by the District Collector and four other officers as mentioned in Sec. -7 of the Act of 2017. The complaint is to be dealt with by the Committee; and thereafter, final result should be there. It is further observed that in sub Sec. (6) of Sec. -7 of the Act of 2017 that the Committee shall give an opportunity of hearing to the management of the private school against whom inquiry has been instituted. No such procedure has been followed in the present case; on the contrary the Collector being dissatisfied with the response filed by the petitioner to the earlier show-cause notice has already held him guilty; and thereafter, directed for placing the matter before the Committee in terms of the Act of 2017. It is submitted that as the rules are not followed; therefore, the aforesaid exercise taken up by the Collector is per se illegal and violative of Sec. -7 of the Act of 2017.

(3.) In such circumstances, the impugned show-cause notice dtd. 21/4/2022 (Annexure P-9) is per se illegal and is hereby quashed.