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The Lucknow bench of the Allahabad High Court on Tuesday asked the Uttar Pradesh government to take a final decision regarding lifting the blanket ban imposed on State's private schools against fee hike.
The bench of Justice Attau Rahman Masoodi and Justice Narendra Kumar Johari passed the order on a petition filed by an association of private schools. The bench noted, "The policy of the State government evolved under extraordinary circumstances and affecting the cause of education at a large scale must be revisited with a sense of responsibility in order to strike a balance between the public interest viz a viz the statutory rights of a party aggrieved."
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.
Earlier on February 16, Court had asked the State government to consider lifting the blanket ban. However, on Tuesday, a prayer had been made by the Additional Chief Standing Counsel on behalf of the State government that some more time should be allowed to the state to take a decision in the matter.
Considering the same, Court granted the additional time to the stated government. Court, however, noted, "We hope and trust that a final decision in the light of observations made in the order already passed are taken note of by the State on or before 31.3.2022 and apprised to the Court on the next date of listing."
In light of the earlier order of February 16, Court added, "It is the bounden duty of the State Government to take into consideration any direction issued by this Court failing which the controversies raised before a court of law assume different dimensions for adjudication of the lis on merit."
The matter will next be heard on April 11, 2022.
Case Title: Association Of Private Schools Of Up Through Its President Atul Kumar And Another v. State Of U.P.
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