PRINCIPAL JULIEN DAY SCHOOL Vs. ARUN KUMAR MAJUMDAR

JUDGEMENT

(1.) This appeal is directed against the Judgment and Order dated 4.8.99 passed by a learned single Judge of this Court whereby and whereunder the writ petition filed by the respondent herein was allowed. The writ application was filed by one Arun Kumar Majumdar as Secretary of the Guardian Association of the Julien Day School and Julien Day Nursery School questioning the enhancement in the rate of tution fees of the said schools, inter alia, on the ground that the same was arbitrary in nature. The writ petitioner had given a Comparative Chart as regard the enhancement of fees on various heads from year to year which reads thus: Comparative chart of fees and other charges in respect of each student in every Session. <FRM>JUDGEMENT_542_CALLT2_2000Html1.htm</FRM>

(2.) In the writ application, the writ petitioner, inter alia, questioned the notices dated 26-2-98 and 2-3-98 which are contained in annexure 'A' to the writ application whereby and whereunder the enhancement in the fees on various heads had been notified. The case of the appellants on the other hand is that keeping in view the fact that the institution is an unaided one and further in view of the condition of grant of recognisation by ICSE authorities to the effect that the salary paid to the teachers must be equivalent to the salary paid to the teachers employed by the State, it had no other alternative but to take the aforementioned steps. It had been, inter alia, contended;

(3.) The learned trial Judge while taking into consideration the fact that unaided institution can not compelled to charge on the same fees as are charged in the Government Institutions, observed;