On school fee hike

Allahabad HC refuses to stay Yogi govt order barring private schools from hiking fees

A bench comprising Justices Anil Kumar and Saurabh Lavania has, however, demanded a response from the UP advocate general.

APOORVA MANDHANI20 May, 2020

A file photo of the Allahabad High Court (representational image) | Commons

New Delhi: The Lucknow bench of the Allahabad High Court Monday issued notice on a petition challenging the state government’s order barring private schools from hiking their fee in the current financial year due to the Covid-19 crisis.

A bench comprising Justices Anil Kumar and Saurabh Lavania demanded a response from the UP advocate general, while refusing to stay the government directive.

The court was hearing a petition filed by the Associations of Private Schools of Uttar Pradesh, challenging two administrative orders passed by the principal secretary, education, UP, and the additional chief secretary, UP, on 27 April and 1 May respectively, barring the fee hike.

The petition has demanded that the orders be quashed for violating Constitutional provisions, including Articles 14, 19(1)(g) (freedom to practice any profession, or to carry on any occupation, trade or business), and 254 (inconsistency between central and state laws).

The petitioner, represented by senior advocate Kapil Sibal and assisted by advocate Manish Vaish, argued that the government had unconstitutionally discriminated against unaided schools and restricted their revenue, while no other private occupation has been similarly restrained.

The court, however, refused to stay the orders, and posted the matter for hearing on 18 June.