ABHIBHAWAK SANGARSH SAMITI, JAIPUR; MOHIT SONI; MANAGING COMMITTEE, MGD GIRLS SCHOOL, JAIPUR; MANAGING COMMITTEE, MAHARAJA SAWAI MANSINGH VIDYALAYA; R C DIOCESAN EDUCATION SOCIETY; SOCIETY FOR UNAIDED PRIVATE SCHOOLS OF RAJASTHAN; MAYO COLLEGE GENERAL COU Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioners and for the respondents.

(2.) D.B. Civil Writ Petition Nos.1861/2004, and 2496/2006 have been filed seeking direction to the Management of the private schools to act in accordance with the Rajasthan Non-Government Educational Institutions Act, 1989, and the Rules of 1993. A prayer has also been made to direct the State Government and its departments to keep a watch over the Non-Government Educational Institutions to discharge their duties properly.

(3.) D.B. Civil Writ Petition Nos.7608/2009, 7624/2009, 7991/2009, 7993/2009, 11341/2009, 11591/2009, 11778/2009, 14319/2009 and 15602/2009, have been filed by the Management of the private schools in the State of Rajasthan, to quash the order dated 01.06.2009, regulating the fee structure, and to declare Section 43(2)(d) and (e) of the Rajasthan Non-Government Educational Institutions Act, 1989, as ultra vires as there is no provision under the Act to make the Rules to empower the State Government to regulate fee in the unaided institutions.