Libertatem Magazine

The Courtroom Archives

Delhi High Court Quashes Government Orders Restraining Private Unaided Schools From Collecting Annual Charges and Development Fees During Lockdown

In this case, a petition was filed by the Action Committee Unaided Recognized Private Schools, a registered association to seek quashing of the orders passed by the Directorate of Education dated 18th April and 28th August 2020, affirming that the same prevented private unaided recognized schools from collecting a part of fees i.e., Annual charges and development fees beyond the lockdown period and deferring it till physical openings of the school. Responding to this, the Court quashed the two orders as the Respondent had no power to indefinitely postpone the collection of Annual Charges and Development fees. And held that the impugned acts were prejudicial to the said Schools and would cause an unreasonable restriction in their functioning.

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Rajasthan High Court Strikes Down Levy of Advance Fees From Students by Private and Government Medical Colleges

In this case, a PIL was filed by the Petitioner, an advocate by profession, challenging the condition imposed by the Respondents private medical institutions that the students seeking admission to MBBS Course to submit bank guarantee against the annual fees for the next 3½ years of course duration in addition to the deposit of annual fee for the first year of the course, at the time of admission. Responding to this, the Bench of Justices Sangeet Lodha and Rameshwar Vyas declared the said condition as illegal and thereby restrained all Government and private institutions from recovering any amount as advance fee in addition to the fee for one year from any student admitted to the course.

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Liberty of Person in Custody Is Important and Shall Not Be Deprived of Access to Justice: Kerala High Court

The division bench of Kerala High Court ordered the Chief judicial Magistrate to take up the case and consider granting bail to the protesters who were detained by the police. This verdict was delivered in the case of Sayed Mohammed Koya v. Administrator, Union Territory of Lakshadweep, by the 2-judge bench of Honourable justice A. Muhamed Mostaque and Honourable justice Kauser Edppagath, on the 1st day of June 2021. 

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State Government Is Not Vested With Powers To Treat Minorities Unequally: Kerala High Court

On the 28th day of May 2021, the division bench of Kerala High court quashed an order passed by the state government providing 80% reservation in scholarships to the Muslim community and 20% to the Latin Catholic Christians and converted Christian community. This verdict came out in the case of Justine Pallivathukkal v. State of Kerala and Ors. The matter was a civil Writ Petition filed in the public interest and heard by the 2-judge bench of the Honourable Chief Justice M. Manikumar and Honourable justice Shaji P. Chaly.

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