In Islamic Academy of Education v. State of Karnataka (2003)
6 SCC 697 directions were issued to the respective State
Government/Public Authorities to set up a Committee headed by a
retired High Court Judge nominated by the Chief Justice of the
concerned State.
12. This was followed by another affidavit dated 4th November, 2020
i.e. after the report submitted by the Principal Secretary to
Government, S & ME Department. The stand of the State
Government as stated in para 10 of the affidavit was that there is no
provision under the Orissa Education Act, 1969 ('OE Act') and the
Rules framed thereunder for fixation of fee structure of different
unaided schools. A reference has been made to the order dated 22nd
March, 2013 of the Supreme Court in Civil Appeal No.4556 of 2014
(D.A.V. College Managing Committee through Regional Director
v. Laxminarayan Mishra) whereby the DAV School authorities
were directed to make an application for fixation of fees structure of
the school before the Fee Structure Committee (FSC), Odisha headed
by Justice K.P. Mohapatra, a former judge of this Court.
29. Counsel for the parties have referred to certain decisions of other
High Courts which dealt with the issues faced by the students,
parents, teachers and the educational institutions themselves arising
out of the COVID-19 pandemic. These included the decision dated
20th April, 2020 of the learned Single Judge of Delhi High Court in
W.P.(C) No.2977/2020 & C.M. No.10327-28/2020 (Rajat Vats v.
Govt. of NCT of Delhi); the judgment dated 13th October, 2020 of
the High Court of Calcutta in WPA 5890 of 2020 (Vineet Ruia v.
Principal Secretary, Department of School Education,
W.P.(C)No.11299 of 2020 and connected matters Page 17 of 19
Government of West Bengal), the decision dated 30th June, 2020 of
the learned Single Judge of the High Court of Punjab and Haryana in
CWP 7409 of 2020 (Independent Schools Association Chandigarh
(Regd.) v. State of Punjab), and the decision dated 12th May, 2020 of
the Division Bench of Uttarakhand High Court in WP (PIL) No.59 of
2020 (Japinder Singh v. Union of India).
29. Counsel for the parties have referred to certain decisions of other
High Courts which dealt with the issues faced by the students,
parents, teachers and the educational institutions themselves arising
out of the COVID-19 pandemic. These included the decision dated
20th April, 2020 of the learned Single Judge of Delhi High Court in
W.P.(C) No.2977/2020 & C.M. No.10327-28/2020 (Rajat Vats v.
Govt. of NCT of Delhi); the judgment dated 13th October, 2020 of
the High Court of Calcutta in WPA 5890 of 2020 (Vineet Ruia v.
Principal Secretary, Department of School Education,
W.P.(C)No.11299 of 2020 and connected matters Page 17 of 19
Government of West Bengal), the decision dated 30th June, 2020 of
the learned Single Judge of the High Court of Punjab and Haryana in
CWP 7409 of 2020 (Independent Schools Association Chandigarh
(Regd.) v. State of Punjab), and the decision dated 12th May, 2020 of
the Division Bench of Uttarakhand High Court in WP (PIL) No.59 of
2020 (Japinder Singh v. Union of India).