NAYANDHIJU SHARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mrs. M. A Ozah, learned counsel for the petitioner, Mr. MK Choudhury, learned senior counsel, Mr. UK Nair, learned senior counsel appearing for the various private schools, Mr. S. K. Ghosh, learned standing counsel for the Education Department and Mr. TC Chutia, learned State counsel appearing for the respondent SEBA.

(2.) The issue raised in this public interest litigation is on an assertion that the school fees being charged by the private schools are excessive and therefore, it is required to be regulated. During the pendency of this public interest litigation, The Assam Non Government Educational Institutions (Regulation of Fees) Act, 2018 was enacted, which received the assent of the Governor on 09. 05. 2018. It is stated that although the appropriate legislation was enacted, but it could not be given effect as because some of the committees contemplated in the Act had not been constituted as yet.

(3.) Section 3(1) of the Act requires that the Government shall constitute a Fee Regulatory Committee for the purpose of determination of the fee for any standard or course of study in Non-Government Educational Institutions, where Non-Government Educational Institution is defined to mean schools established and run by an individual or association of individuals or any non-Government Organization or Society or Trust, except the schools established and maintained by minorities under Article 30(1) of the Constitution of India. Section 3(4) provides that the committee shall consist of the following members, namely:-