Mahendar Kumar Goyal, J.:— This writ petition has been filed by the Students-Parents Association with the following relief:
“It is therefore most respectfully prayed that your lordships may graciously be pleased to accept and allow this writ petition and may be pleased to pass orders:
1-to call for the account books of the school run by the respondents nos. 9 & 10 for the perusal and forensic auditing of the balance sheets and income and expenditure sheets of the year 2017-2018 onwards, in respect of alleged misappropriation of funds.
2-to quash such dues accrued being demanded by the respondents in lieu of the invalidated increments in the fees for the academic years 2018-2019-2020.
3-directing the respondents no. 9 & 10 to return the aforesaid amount illegally charged from the parents as dues mentioned above.
4-that, until the fee is legitimately decided, the petitioner parents be allowed to deposit the FEE for the present academic year 2021-2022, as the fee charged for the BASE Year 2017-2018 with increment of 10% on the same, in consonance with the fee act but after providing 15% deductions or whatever deems fit to the Hon'ble Court, in lieu of the unutilized facilities during the extended closure period of the physical classes in 2021-2022 on equitable grounds.
5-Any other order which deems just and proper to this Hon'ble Court, by way of mandamus or otherwise on the facts and circumstances of the case may pleased be passed in favour of the petitioners.”
2. The gravamen of allegation in the writ petition is that the respondents no. 9 and 10, representing a private school, have enhanced fee in violation of provisions of the Rajasthan Schools (Regulations of Fee) Act, 2016 (for brevity, ‘the Act of 2016’) and the Rules of 2017 framed thereunder.
3. Indisputably, the petitioner has an efficacious and alternative remedy under Section 9 of the Act of 2016 by approaching the Divisional Fee Regulatory Committee as the learned counsel for the petitioner fairly admits that it is a part of the Teachers-Parents Association. Even otherwise also, this Court is not expected to conduct forensic auditing of the balance sheets and income and expenditure sheets of the year 2017-2018 onwards as prayed in the relief clause to unearth alleged misappropriation of funds, in its writ jurisdiction.
4. In view thereof, the writ petition is dismissed for availability of an alternative and efficacious remedy to the petitioner under Section 9 of the Act of 2016.
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