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Private unaided schools and professional institutions have been charging exorbitant rates for their services in absence of any regulations. To curb such practices, the Uttarakhand HC bench comprising of Justice Rajiv Sharma and Justice Lok Pal Singh ordered the state to bring in laws for regulations of such private unaided institutions. This was in response to a petition filed by Pradeep Dutt shedding a light on the practices of private unaided institutions. HC also stressed on the role of the Admission and Fee Regulatory Committee in ensuring that people from minority and reserved classes as well as the disabled students and wards of freedom fighters should not be subject to the wrath of such extortinate fees.
The bench further quashed the amendments to the Uttarakhand Private Professional Education Institutions (Regulation of Admission and Fixation of Fee) Act, 2006 made in 2010. As a result, the appointments made under these amendments of Justice Shri Gurmeet Ram and Justice Shri Brijesh Kumar Srivastava as chairmen of the Admission and Fee Regulatory Committee and Appellate Authority were quashed and the state government was directed to send proposals to the HC Chief Justice for nominating retired judges for the respective posts.
The Admission and Fee Regulatory Committee has been further directed to regulate the fees as per the laws laid down in the SC judgments of Islamic Academy of Education & Another v. State of Karnataka & Ors. (hereinafter Islamic Academy Case) and PA Inamdar v. State of Maharashtra (hereinafter PA Inamdar Case). It was held by the apex court in the Islamic Academy case that permanent committees headed by retired justices of High Court should be formed separately for each state in order to ensure fair and transparent conducting of exams for admissions to colleges. Furthermore, it was held by the SC in PA Inamdar case that professional education should be made accessible on non-exploitative, uniform terms and on the criterion of merit to all eligible students. It is pertinent to note that even though every institution is free to devise its own fee structure but no capitation fee can be charged directly or indirectly and the same can be regulated in the interest of preventing profiteering.
The court also expressed concern over the fact that the admissions to private institutions were increasing due to lack of proper infrastructure in government schools especially in rural areas which is further hindering the development of villages.
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