UP: Schools seek quashing of government order to freeze fee hike

LUCKNOW: The Lucknow bench of Allahabad High Court on Monday issued a notice to advocate general of UP on a petition demanding quashing of government’s directive to private schools to freeze fee hike in the current financial year due to the pandemic-triggered crisis. The petition moved by Associations of Private Schools of Uttar Pradesh also sought declaration of UP Disaster Management Act, 2005, unconstitutional as it superseded the Act passed by Parliament. The petition demanded quashing of the twin administrative orders of April 27 and May 1 barring fee hike. A bench of Justices Anil Kumar and Saurabh Lavania directed the government to file a response and set June 18 for next hearing.
Addressing the bench through video-conferencing, senior Supreme Court lawyer Kapil Sibal assisted by advocate Manish Vaisya argued that impugned executive orders have been passed in violation of provisions of UP Self-Financed Independent Schools (Fee Regulation) Act, 2018, in an illegal, arbitrary and confiscatory manner.
The association pleaded that the government acted suo motu without receiving complaints from parents or seeking assessment of district fee regulatory committees constituted under the 2018 law for entertaining complaints of parents.
Also, executive orders to stop fee hike is illegal as it only cited impact of Covid-19 under UP Disaster Management Act, 2005, which is unconstitutional in view of Disaster Management Act, 2005, passed by Parliament, the petition stated. The executive order states since schools are likely to open after summer vacation due to Covid-19 impact, classes won’t be held for three months. Hence, there’s no reason to raise fees for the entire academic session. But this isn’t true as schools are imparting online education, which is more arduous than regular classes, the association pleaded.