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The Lucknow bench of the Allahabad High Court on Wednesday asked the Uttar Pradesh government to consider lifting the blanket ban imposed on state's private schools against fee hike.  

The bench of Justice A. R. Masoodi and Justice N. K. Johri passed the order on a petition filed by an association of private schools. The petitioners had challenged the decision taken by the state government on January 7 last year whereby a blanket ban was imposed against the enhancement of fees in private schools in view of the impact of the Covid-19 pandemic on people's economic activities. 

Petitioner association's main grievance was that as now public's normal life is restored, therefore, it won't be unjustified to raise the school fee, however, if the same is to be done, the proposal of new/enhanced fee structure has to be uploaded two months prior to the start of the new academic session, i.e. on or before 1st April 2022 as per the mechanism provided under the statute.

The association had alleged that due to the effect of the January 7, 2021 government order, there is a blanket ban restricting them from taking this step.

The association had further contended that the January 7 order was imposed looking at the closure of normal business establishments/ educational and other economic activities due to recurring lockdowns, however, the same is not the case anymore as the restrictions have now been relaxed with the issuance of another Government Order dated February 11, 2022.

"The reasons spelt out in the impugned Government Order dated 07.01.2022 are based on an apprehension which stand ruled out with the issuance of subsequent Government Order dated 11th February 2022, hence the very foundation of the earlier Government Order stands nullified, therefore, the matter requires reconsideration," the petitioner association had argued. 

Therefore, taking note of the difficulty being faced by the private schools, the court called upon the State government to reconsider its decision. 

"It is also to be noted that the State Government ought not to remain oblivious of the fact that the academic session is to start on 1st April, 2022, before which date, the schedule of fee structure has to be uploaded by the members of the petitioners' association in terms of the statute. The objections, if any, by the association of parents have also to be considered in the mechanism prescribed," court said. 

The matter has been posted on February 28 for further hearing.

Case Title: Association Of Private Schools Of Up Through Its President Atul Kumar And Another v. State Of U.P.