THE HIGH COURT OF MADHYA PRADESH

WP.3032.2015
[St. Teresa Sr. Sec. School, Carmel Ashram, Gwalior Vs. State of M.P. & Ors]
1

Gwalior, Dated:- 16.08.2019

Shri Sanjay Dwivedi, learned counsel for the petitioner.

Shri Pratip Visoriya, learned Government Advocate, for

respondent/State.

Petitioner, by way of present petition, seeks following reliefs:

“Therefore, it is humbly prayed that this Hon'ble High Court

may kindly be pleased to allow instant petition and quash
the order Annexure P/1 and P/2 passed by the respondent
no.2/3 and Annexure P/3 passed by respondent no.6 and all
the proceedings and orders ancillary to the order Annexure
P/1, P/2 and P/3, may also kindly be quashed. The costs of
instant petition may also kindly be awarded.

Evident it is that it is the Collector who in capacity as District

Magistrate has issued the impugned order for regulation of books and

fees as prescribed by the petitioner, a minority institution.

When the matter is taken up today, it is stated by learned

counsel for the petitioner that during pendency of the present petition

the Central Board of Secondary Education has framed Affiliation Bye-

laws, 2018 brought in vogue vide notification dated 18.10.2018.

While the State Government also vide notification Ø-

1433&21&bDdhl&v ¼izk-½&vf/k- Published in M.P. Rajpatra (Asadharan)

dated 25.01.2018, in exercise of the powers conferred under Article

348(3) of the Constitution, has framed “The Madhya Pradesh Niji

Vidyalaya (Fees Tatha Sambandhit Vishayon Ka Viniyaman)

Adhiniyam, 2017” which is an act to provide for the regulation of

 THE HIGH COURT OF MADHYA PRADESH
WP.3032.2015
[St. Teresa Sr. Sec. School, Carmel Ashram, Gwalior Vs. State of M.P. & Ors]
2

increment in fee and collection thereof by private schools in the State

of Madhya Pradesh and matters connected therewith and incidental

thereto.

It is submitted by learned counsel for the petitioner and not

disputed by learned Government Advocate that now the curriculum,

books as well as fee would be regulated by the Affiliation Bye-laws,

2018 and the stipulations contained in 2017 Act.

In view whereof, since the petitioner institution, a private

minority institution, is now governed by Affiliation Bye-laws, 2018

and 2017 Act, the impugned orders issued by the Collector in the

capacity as District Magistrate now lose their applicability. Instead the

Collector would be within its competence to exercise its jurisdiction in

consonance with the stipulations contained in Affiliation Bye-laws,

2018 and 2017 Act.

The petition stands disposed of finally in above terms. No cost.

(Sanjay Yadav) (Vivek Agarwal)

Judge Judge
pd
PAWAN
DHARKAR
2019.08.1
6 18:00:37
+05'30'