Haryana School Education Act (12 of 1999) , S.22— Haryana School Education Rules (2003) , R.148— Suit for recovery of school fees – Jurisdiction of Civil Court – Plaintiff unaided private school filed suits to recover increased tuition fees, which had been notified but not paid by students – Trial court decreed suit in school’s favour, subject to Fee and Fund Regulatory Committee (FFRC) decision – The appellate court upheld decree but directed a full refund if the FFRC ruled in favour of students – The school’s review plea, seeking refund only to extent of FFRC’s interference, was dismissed – On appeal, the High Court held that civil court jurisdiction was barred -Relevant rule did not refer to claim raised by school before FFRC to enforce payment of fees – Section 22 of the Act ousted jurisdiction of civil courts only in matters where Government or its officers were empowered to adjudicate upon which did not cover recovery of fees by an institution – There was no ouster of jurisdiction of civil courts as regards recovery of fees, which are found to be reasonable – Rejection of the school’s review petition was erroneous, as refunds could only be directed to the extent FFRC interfered with the fee hike – Trial court’s order was restored, with interest payable at 6% as modified by appellate court.
RSA No. 3610/2019 D/-15-03-2022 (P and H)-Reversed(Para121314151617)