LAWS(P&H)-2021-5-34

INDEPENDENT SCHOOLS ASSOCIATION CHANDIGARH Vs. UNION OF INDIA

Decided On May 28, 2021
Independent Schools Association Chandigarh Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The above said two writ petitions bearing CWP Nos. 7706 & 7761 of 2020 have been clubbed and are being dealt together as the controversy in the petitions and the issues involved are overlapping / similar. But for the sake of convenience, facts are being taken from the lead case viz. CWP No. 7706 of 2020. 1. The challenge in both writ petitions is to the notification dated 13.4.2018 (Annexure P-4) issued by Ministry of Home Affairs vide which while exercising the powers conferred by Section 87 of the Punjab Re-organisation Act, 1966 (hereinafter referred to as the 1966 Act), the Central Government has extended the Punjab Regulation of Fee of Unaided Educational Institution Act, 2016 (hereinafter referred to as the 2016 Act) to the Union Territory of Chandigarh with certain modifications. At the very outset, for convenience, comparative reading of the relevant provisions as applicable to State of Punjab vis-a-vis those adapted to Union Territory of Chandigarh are reproduced hereunder:-

(2.) C.W.P. No. 7706 of 2020 ;- Independent Schools Association Chandigarh (Regd.) and others Versus Union of India and others.

(3.) CWP No. 7761 of 2020;- Kabir Education Society and another Versus Union of India and others