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The Division Bench of Gujarat High Court comprising of Chief Justice Vikram Nath and Justice J.B. Pardiwala refused an application seeking to pass an order for charging of tuition fees and other required fees of the federation of self-financed schools during the online classes being held amid COVID-19 situation.
The Division Bench mentioned that the State is open to take an appropriate decision considering the interest and views of all the stakeholders.
The Hon’ble Court in its previous order mentioned that the federation of self-financed schools and state Government is expected to come to an understanding with an open mind and open heart and once the issue is resolved the State Government supposed to issue a fresh resolution in this regard.
Following the Court’s previous order the present petition is filed before the court to take on record the documents of the exercise undertaken and also the developments and prayed to pass an appropriate order.
The Advocate General submitted in his report that the Federation of Self-financed schools are not agreed for the deduction of 25% of tuition fees and as such, the negotiation is failed. Further, he prayed for the court to pass an appropriate order.
The Mihir Joshi Senior Advocate appearing for the Federation of Self-Financed Schools has submitted that the State Government has not accepted the counter-proposal made by the federation and supporting to Mr Joshi, Advocate Vishal Dave appearing on behalf of All Gujarat Parents Association mentioned that the civil application would not be maintainable.
The Court agrees the submissions made by Shri Joshi and Shri Dave, delivered that the Court is not inclined to entertain the present application and leaving it open for the State to take an appropriate and balanced decision upon considering the interest of all the stakeholders.
Accordingly, the present application and the connected civil application No. 2 of 2020 stands disposed of.
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