MANU/PH/0269/2021

True Court CopyTM

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Civil Writ Petition Nos. 7706 of 2020 (O&M) and 7761 of 2020 (O&M)

Decided On: 28.05.2021

Appellants: Independent Schools' Association Chandigarh and Ors. Vs. Respondent: Union of India and Ors.

Hon'ble Judges/Coram:
Jaswant Singh and Sant Parkash

DECISION

Jaswant Singh, J.

[The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual court]

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:-

PUNJAB

As adapted to UT of Chandigarh

1. Short Title and commencement --

1. Short Title and commencement --

(1) This act may be called the Punjab Regulation of Fee of Un-aided Educational Institutions Act, 2016.

(1) This act may be called the Punjab Regulation of Fee of Un-aided Educational Institutions Act, 2016 as extended to the Union Territory of Chandigarh.

(2) It shall come into force on and with effect from the date of its publication in the Official Gazette.

(2) It shall come into force on and with effect from the date of its publication in the Official Gazette.

Nil

(aa) 'Administrator' means the Administrator of the Union Territory of Chandigarh appointed by the President under Article 239 of the Constitution.

(b) 'Affiliation' means inclusion of the name of an institution in the approved list of affiliated institutions with the Punjab School Education Board or any other such board or authority, approved and authorized by the Central Government for admitting in to the privilege of the said board or authority;

(b) 'Affiliation' means inclusion of the name of an institution in the approved list of affiliated institutions with the Central Board of Secondary Education or any other such board or authority, approved and authorized by the Central Government for admitting in to the privilege of the said board or authority;

(i) 'Government' means the Government of the State of Punjab in the Department of School Education;

Omitted

3. Constitution of Regulatory Body-

3. Constitution of Regulatory Body-

(1) There shall be constituted a Regulatory Body to be known as the Regulatory Body for Regulatin........