Raji Thankachan vs State Of Kerala
2021 Latest Caselaw 11643 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

     FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943

                       WP(C).No.5028 OF 2021(C)


PETITIONER:

               RAJI THANKACHAN, AGED 39 YEARS
               W/O.SHOJI, VARIYATH HOUSE, AMBALAMEDU P.O.,
               VADAVUKODE PUTHENCRUZ VILLAGE, KUNNATHUNAD TLAUK,
               ERNAKULAM DISTRICT-682 303 (PARENT OF SCHATZ
               EMMANUEL VARIATH, 9TH STANDARD AND JEWEL GENELIA
               VARIYATH, 2ND STANDARD).

               BY ADVS.
               SRI.P.P.BIJU
               SRI.T.P.RAMACHANDRAN (THACHETH)

RESPONDENTS:

      1        STATE OF KERALA, REPRESENTED BY ITS SECRETARY,
               DEPARTMENT OF EDUCATION, SECRETARIAT,
               THIRUVANANTHAPURAM-695 001.

      2        CENTRAL BOARD OF SECONDARY EDUCATION,
               REPRESENTED BY ITS CHAIRMAN (AN AUTONOMOUS
               ORGANIZATION OF HUMAN RESOURCES DEVELOPMENT),
               HEAD OFFICE NO.2, SHIKSHA KENDRA COMMUNITY CENTRE,
               PREET VIHAR, NEW DELHI-110 092.

      3        DEPUTY SECRETARY AND REGIONAL OFFICER,
               CENTRAL BOARD OF SECONDARY EDUCATION, BLOCK B,
               2ND FLOOR, LIC DIVISIONAL OFFICE CAMPUS, PATTOM,
               THIRUVANANTHAPURAM-695 004.

      4        DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM DISTRICT,
               CIVIL STATION, KAKKANAD P.O., ERNAKULAM-682 030.

      5        GLOBAL PUBLIC SCHOOL, THIRUVANIYUR P.O.,
               CHOTTANIKKARA, ERNAKULAM DISTRICT-683 301,
               REPRESENTED BY PRINCIPAL.

               BY ADVS.
               SRI.NIRMAL. S -SC
               SRI.SANTHOSH MATHEW
               SRI.ARUN THOMAS
 WPC 5028/21
                                2

              SRI.JENNIS STEPHEN
              SRI.VIJAY V. PAUL
              SMT.KARTHIKA MARIA
              SMT.VEENA RAVEENDRAN
              SRI.ANIL SEBASTIAN PULICKEL
              SMT.DIVYA SARA GEORGE
              SRI. SUNIL KUMAR KURIAKOSE - GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
09.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 5028/21
                                      3



                                   JUDGMENT

The petitioner has approached this Court

seeking directions to be issued against the 5th

respondent-Global Public School to give

substantial reduction in the tuition fee of

her children studying in 9th and 2nd standard

respectively. She says that, on account of the

global Covid-19 pandemic disruptions, her

husband - who is abroad, lost his job and

therefore, that the family has plunged into

financial disarray, constraining her to

approach this Court to seek that the reliefs

that have been earlier granted by this Court

in the case of other schools, as is evident

from Ext.P5 judgment, be directed to be

extended to her also.

2. Noticing the abject financial

constraints projected by the petitioner and

after hearing Sri.P.P.Biju, her learned

counsel, I had issued an order on 23.03.2021 WPC 5028/21

in the following manner:

Sri.Santhosh Mathew, learned counsel for the 5th respondent, submits that if the petitioner approaches the school appropriately, they are willing to consider her grievances and to even offer her concessions as are permissible. He, however, submitted that the petitioner has not chosen to do so, but has approached this Court directly.

I, therefore, adjourn this matter to be called on 29.03.2021 and direct the petitioner to mark appearance in the office of the Principal of the 5th respondent at 11 a.m on 24.03.2021 and the said Authority will hear her and inform this Court as to the possible concessions that can be offered depending upon the circumstances that are detailed by her.

3. The afore order was issued after

hearing Sri.Santhosh Mathew - learned counsel

for the school also, as is recorded therein;

but when this matter was thereafter called on

29.03.2021, the parties were at dissonance as

to the information furnished by the petitioner

to the Principal,with Sri.Santhosh Mathew

asserting that she had suppressed various

facts, including that her husband was earning

over a lakh of rupees even during the Covid-19 WPC 5028/21

pandemic time. Sri.Santhosh Mathew added that,

therefore, the school cannot give any

deduction to the petitioner from the annual

fee, particularly because there are various

other parents who are waiting in the queue,

who have actually lost their entire income and

are unable to take care of their family.

4. The afore narration would make it

perspicuous that, on one side, the petitioner

says that she is going through financial

crisis; while on the other, the school alleges

that she has not come clean, especially with

respect to the income of her husband, who is

working abroad.

5. Notwithstanding the above, I asked

Sri.Santhosh Mathew - learned counsel for the

School, as to whether his client would be in a

position to give any benefit to the petitioner

de hors the afore disputations of facts

between them; and he submitted that, taking

note of the sentiment expressed by this Court WPC 5028/21

in the afore extracted order, the school is

willing to allow the petitioner to pay off the

annual fee for the academic year 2020-2021 in

ten equal monthly instalments, commencing from

May 2021. He brought to my notice that, in

fact, certain matters are pending before the

Honourable Supreme Court from a judgment

delivered by the Honourable High Court of

Rajasthan and that therein, the Honourable

Court had directed the schools to consider

grant of six instalments from March to August

2021.

6. Sri.P.P.Biju - learned counsel for the

petitioner, was initially disinclined to

accept the afore offer saying that the order

of the Honourable Supreme Court mentioned by

Sri.Santhosh Mathew makes it limpid that if

parents of students face legitimate difficulty

in remitting the fee, it will be open to them

to approach the school, who will be then

enjoined to consider the same on a case to WPC 5028/21

case basis, sympathetically. He asserted that

in this case, this has not been done by the

school.

7. However, when I consider the rival

submissions made by the parties at the Bar,

this cannot be found to be a case where the

school did not consider the claim of the

petitioner; but, on the contrary, they

maintain that she is not entitled to any

benefit because her husband was drawing nearly

Rs.1 lakh in salary even during the Covid-19

pandemic disruptions. These factors being in

the factual realm, it would not be amenable to

an adjudication by this Court while acting

under Article 226 of the Constitution of

India. Obviously, therefore, I can only offer

the petitioner the benefit now suggested by

Sri.Santhosh Mathew, namely to pay fee for the

academic year 2020-21 - for both her children

- in 10 equal monthly instalments, commencing

from May 2021.

WPC 5028/21

8. Presumably, discerning the mind of

this Court as afore, Sri.P.P.Biju conceded to

this and prayed that this Writ Petition be

ordered on such terms.

Resultantly, I allow this writ petition,

with a direction to the 5th respondent to allow

the petitioner to pay the balance fee for the

academic year 2020-21 - with respect to both

her children, who are studying in 9th and 2nd

standard respectively - in 10 equal monthly

instalments, commencing from 15.05.2021.

Needless to say, the petitioner will pay

the fee for the academic year 2021-22 within

time, since the afore directions are confined

only to the academic year 2020-21.

Sd/-

                                          DEVAN RAMACHANDRAN
       RR                                        JUDGE
 WPC 5028/21




                            APPENDIX
       PETITIONER'S/S EXHIBITS:

       EXHIBIT P1        TRUE COPY OF THE IDENTITY CARD OF
                         THE CHILDREN.

       EXHIBIT P2        TRUE COPY OF THE COMPUTER GENERATED
                         RECEIPTS DATED 24.07.2020.

       EXHIBIT P3        TRUE COPY OF THE COMPUTER RECEIPT
                         DATED 24.08.2020.

       EXHIBIT P3 A      TRUE COPY OF THE COMPUTER GENERATED
                         RECEIPT DATED 25.08.2020.

       EXHIBIT P4        TRUE COPY OF THE FEE STRUCTURE

DOWNLOADED BY THE PETITIONER FROM THEIR WEBSITE.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 09.02.2021 IN WPC NO.19023/2020 OF THIS HON'BLE COURT.

EXHIBIT P6 TRUE COPY OF THE REPLY DATED 18.01.2021 SENT BY THE OFFICE BEARER OF THE 5TH RESPONDENT.

ADDL.EXT.P7 TRUE COPY OF THE REPRESENTATION DATED 24.03.2021 SUBMITTED BY THE PETITIONER BEFORE THE PRINCIPAL OF THE 5TH RESPONDENT.

ADDL.EXT.P8 TRUE COPY OF THE NOTICE ISSUED BY THE MANAGER OF THE COMPANY DATED 12.03.2020.

ADDL.EXT.P9 TRUE COPY OF THE STATEMENT OF ACCOUNT ISSUED BY THE FEDERAL BANK TO THE HUSBAND OF THE PETITIONER

ADDL.EXT.P10 TRUE COPY OF THE ACCOUNT STATEMENT ISSUED BY THE ERNAKULAM DISTRICT CO- OPERATIVE BANK, RAMAMANGALAM BRANCH WPC 5028/21

RESPONDENT'S/S EXHIBITS:

EXHIBIT R5(1) TRUE COPY OF THE INTERIM ORDER DATED 8.2.2021 PASSED IN SPECIAL LEAVE TO APPEAL (C) NO.27987-27916 OF 2019.

EXHIBIT R5(2) TRUE COPY OF THE REQUEST MADE BY THE PETITIONER TO THE 5TH RESPONDENT DATED 24.03.2021.

EXHIBIT R5(3) TRUE COPY OF THE LETTER DATED 12.3.2020 ISSUED BY SEATTLE INTERNATIONAL SERVICES TO THE PETITIONER'S HUSBAND SHOGI JOY

EXHIBIT R5(4) TRUE COPY OF THE STATEMENTS OF TWO LOAN ACCOUNTS MAINTAINED BY THE PETITIONER WITH FEDERAL BANK AND ERNAKULAM DISTRICT CO-OPERATIVE BANK LIMITED, KAKKANAD