Legal Analysis of Modifications in Educational Institutions Act

Delve into the comprehensive legal analysis conducted by the High Court regarding modifications in the educational institutions’ regulations. The court’s in-depth examination focuses on the balance between necessary alterations to suit local conditions and the preservation of fundamental legislative intents. Discover the key insights and implications of the court’s findings in this complex legal scenario.

Facts

The appeals are against the judgment dated 28.05.2021 by the High Court of Punjab & Haryana.
Appellants challenged the Notification dated 13.04.2018 under Section 87 of Punjab Reorganization Act, 1966.
High Court dismissed the writ petitions stating the appropriate authority had the power to issue the Government Order/Notification.

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Analysis

Clause (a) of the third proviso inserted in the impugned Government Order/Notification dated 13.04.2018 prohibits unaided institutions from charging any costs from parents.
This provision is deemed necessary for better administration of unaided institutions under the 2016 Act extended by the impugned notification.
Challenge to clause (b) of the third proviso is rejected as it is tenuous and consistent with the legislative intent of the 2016 Act.
The expression ‘restrictions or modifications’ in Section 87 has been interpreted as a substantive matter and any substantial changes must align with the essence of the enactment.
The challenged provisions introduce alterations necessary to adapt the Act to local conditions but must not compromise the core policy and substance of the legislation.
Unaided Educational Institutions are required to upload income, expenditure account, and balance sheet on their website.
Unaided Educational Institutions are prohibited from charging any kind of cost from parents.
Complete fee structure must be disclosed at the beginning of the academic year in the school’s booklet and website.
Fees cannot be raised at any time during the academic session.
Changes in the monetary thresholds for penalties and fines under Section 14 of the Order/Notification.
The appellants will confine their argument to limited aspects in this order.
No opinion expressed on the issues to be dealt with by the High Court in the pending proceedings related to the 2016 Act.
Observations against the writ petitioner in Writ Petition No.7761/2020 are expunged.
No other issues raised before the court, including the validity of the provisions of the 2016 Act.