Manav Kendra Education Trust vs State Of Gujarat
2021 Latest Caselaw 235 Guj

      C/SCA/14917/2020                                 JUDGMENT




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CIVIL APPLICATION NO. 14917 of 2020


FOR APPROVAL AND SIGNATURE:


HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH
and                                               Sd/­
HONOURABLE MR. JUSTICE J.B.PARDIWALA              Sd/­
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1   Whether Reporters of Local Papers may be allowed            YES
    to see the judgment ?

2   To be referred to the Reporter or not ?                      NO

3   Whether their Lordships wish to see the fair copy            NO
    of the judgment ?

4   Whether this case involves a substantial question            NO
    of law as to the interpretation of the Constitution
    of India or any order made thereunder ?

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                   MANAV KENDRA EDUCATION TRUST
                               Versus
                         STATE OF GUJARAT
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Appearance:
MR SP MAJMUDAR(3456) for the Petitioner(s) No. 1
MR KAMAL TRIVEDI, ADVOCATE GENERAL with MS MANISHA
LAVKUMAR SHAH, GOVERNMENT PLEADER with MS.AISHVARYA
GUPTA and MR DHARMESH DEVNANI, AGPs for the Respondent - STATE.
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 CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
        VIKRAM NATH
        and
        HONOURABLE MR. JUSTICE J.B.PARDIWALA

                          Date : 08/01/2021

                       ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

C/SCA/14917/2020 JUDGMENT

1. By this writ-application under Article 226 of the Constitution of India, the writ-applicant, a charitable trust, has prayed for the following reliefs :

"(A) Your Lordships may be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction quashing and setting aside the impugned Government Resolution dated 07.10.2020 passed by the State Government (at Annexure-E hereto);

ALTERNATIVELY

Your Lordships may be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondent authority to the effect that the impugned Government Resolution dated 07.10.2020 issued by the State Government (at Annexure-E hereto) will not be applicable to the schools run by the petitioner-Trust, which are boarding schools and further allow the petitioner-Trust to charge 100% tuition fees, 30% of last year's transportation fees, mess fees, sports fees and hostel fees for the current year 2020-2021 (30% fees for these optional facilities shall not be charged from the students who did not opt for the said facilities during the last year and, from new students, who do not opt for these facilities when the schools restart);

(B) During the pendency and final disposal of the present petition, Your Lordships may be pleased to stay further

C/SCA/14917/2020 JUDGMENT

operation, implementation and execution of the impugned Government Resolution dated 07.10.2020 issued by the State Government qua the schools run by the petitioner-Trust (at Annexure-E hereto);

(C) Pass any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case;"

2. The writ-applicant seeks to challenge the legality and validity of the Government Resolution dated 7 th October 2020 issuing a mandate that the self-financed schools located across the State of Gujarat shall be entitled to recover 75% of the 'tuition fees' from the respective parents for the Academic Year 2020-21.

3. It appears from the materials on record that the writ-applicant Trust is running two schools, namely 'Manav School' and 'Manav Kendra Gyan Mandir School', respectively. According to the writ-applicant, both the schools are boarding schools with huge infrastructure facilities.

4. It is the case of the writ-applicant that the boarding school cannot be equated with any other ordinary day school. The boarding schools are required to incur and spend huge amount towards the overhead expenses for maintaining its infrastructural facilities.

5. In such circumstances referred to above, the writ-applicant is here before this Court with a prayer that this Court may hold

C/SCA/14917/2020 JUDGMENT

that the impugned resolution dated 7 th October 2020 shall not be made applicable to the boarding schools run and managed by the Trust and the Trust should be permitted to charge 100% tuition fees, 30% last year's transportation fees, mess fees, sports fees and hostel fees for the Academic Year 2020-21.

6. We have heard Mr.S.P.Majmudar, the learned counsel appearing for the writ-applicant and Mr.Kamal Trivedi, learned Advocate General with Ms.Manisha Lavkumar Shah, learned Government Pleader assisted by Ms.Aishvarya Gupta and Mr.Dharmesh Devnani, the learned AGPs appearing for the State.

7. We take notice of the fact that the State Government had convened a meeting with the office-bearers of the self-financed schools management association on 24th September 2020 pursuant to the directions issued by this Court in one another litigation relating to the fees. The State officials also held meeting with the association of parents and their representatives on 25 th September 2020 and 29th September 2020 respectively.

8. After due deliberations and the understanding arrived at with all the stake holders, the impugned Government Resolution came to be issued dated 7 th October 2020. In fact, at one point of time the Government had taken the decision that the self-financed schools shall not be entitled to recover a single penny towards the tuition fees, etc. having regard to the Covid pandemic. However, this Court took the view that it would be too much to tell the self-financed schools that they shall not recover or demand a single penny. Accordingly, this Court asked the

C/SCA/14917/2020 JUDGMENT

State Government to arrive at an amicable understanding so that the self-financed schools may not have to suffer, and at the same time, the parents also get some respite from their financial burden during this time of crisis.

9. Ms.Shah, the learned Government Pleader, submitted that the State took care of the fact and ensured that the unaided self-financed schools may not compel the parents to pay additional fees for the optional activities. In the present pandemic situation, the educational classes are being conducted on-line and as the students are not permitted to visit the school premises, there is no usage of any extra curricular activities whatsoever. Moreover, the respective schools are required to maintain their infrastructure facilities and other overheads including the staff salaries. The parents in the present situation cannot be called upon to pay for the infrastructural facilities of the school premises that are not being used by their respective wards. It is clear that if a child is not pursuing the optional activities, his/her parents should not be asked to pay for the same.

10. Ms.Shah further pointed out that after due consideration of the various representations of all the stake holders, the State has provided a benefit of 25% concession in the tuition fees for the Academic Year 2020-21.

11. We are not impressed with the submission of Mr.Majmudar, the learned counsel appearing for the writ-applicant that the impugned Resolution dated 7th October 2020 is discriminatory in nature. We should not be oblivious of

C/SCA/14917/2020 JUDGMENT

the fact that in the present pandemic situation the boarding facilities across the State are closed and the children are taking on-line classes from their respective residences. Apart from providing the on-line education, the schools are not in a position to offer the optional activities to the children. There is no usage of the so-called infrastructure facilities by the children studying in the boarding schools.

12. In our opinion, the impugned Resolution has rightly prohibited the unaided self-financed schools from charging extra fees for the optional activities as well as the facilities.

13. We are of the view that the impugned Resolution dated 7 th October 2020 is a positive step taken by the State in order to balance the equities between all the stake holders during this present pandemic situation.

14. For the foregoing reasons, we decline to interfere in this matter.

15. In the result, this writ-application fails and is hereby rejected.

(VIKRAM NATH, CJ.)

(J. B. PARDIWALA, J.) /MOINUDDIN