Revisit GO on fee hike, high court tells state government

In a decision on a petition challenging the government order (GO) prohibiting fee hikes in private schools, the Lucknow bench of Allahabad high court took note of the state government’s failure to respond to its earlier order on the issue.

The Lucknow bench of Allahabad high court has asked the state government to file its reply on a petition challenging the government order (GO) prohibiting fee hike in private schools and took a serious note of the government’s failure to respond to its earlier order on the issue.

The court had requested the government to file its response to the issue by February 16, 2022, which it did not do. (FOR REPRESENTATION PURPOSE)

The court had on February 16, 2022 asked the government to file its reply on the issue, which the government failed to do.

A division bench of Justice AR Masoodi and Justice NK Johari on March 15 said: “It is the bounden duty of the state government to take into consideration any direction issued by this court, failing which the controversies raised before a court of law assume different dimensions for adjudication.”

“The policy of the state government, evolved under extra ordinary circumstances and affecting the cause of education at a large scale, must be revisited with a sense of responsibility in order to strike a balance between the public interest, vis-a-vis the statutory rights of a party aggrieved,” the court added.

“We hope and trust that a final decision, in the light of observation made in the order already passed, is taken by the state on or before March 31, 2022 and apprised to the court on the next date of listing,” the court observed.

The Association of Private Schools of UP had filed a petition in the high court challenging the state government’s January 7, 2022 order prohibiting fee hike in private schools due to the Covid-19 pandemic.

The court now listed the case for hearing on April 11.

Advocate JN Mathur, who is representing the private schools, pointed out in court that Covid-19 restrictions have been lifted by the government and normal activities restored.

“Therefore, the government must reconsider its decision of blanket ban on fee hike by private schools,” he pointed out.

Advocate HP Srivastava, additional chief standing counsel, represented the state government.

It may be mentioned that the government, in its order on March 17, lifted all restrictions imposed to check the spreading of Covid-19.