Kerala High Court
The Principal vs Aboobacker M.B on 18 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 18TH DAY OF FEBRUARY 2021 / 29TH MAGHA,1942
RP.No.151 OF 2021 IN WP(C). 23915/2020
AGAINST THE JUDGMENT IN WP(C) 23915/2020(L) OF HIGH COURT OF
KERALA
REVIEW PETITIONER:
THE PRINCIPAL
CRESCENT PUBLIC SCHOOL, THOTTUMUGHOM, ALUVA,
ERNAKULAM-683105.
BY ADVS.
DR.K.P.SATHEESAN (SR.)
SRI.P.MOHANDAS (ERNAKULAM)
SRI.K.SUDHINKUMAR
SRI.S.K.ADHITHYAN
SRI.SABU PULLAN
RESPONDENTS:
1 ABOOBACKER M.B.
AGED 42 YEARS
MUNDETH HOUSE, MUDICKAL, PERUMBAVOOR-683547 (PARENT
OF FATHIMA FARHATH, LKG STUDENT, DIVISION-A)
2 NISHA THAHIR
PARAPPURAM HOUSE, EDAYAPPURAM, ALUVA-683101 (PARENT
OF MUHAMMED NIHAL, UKG STUDENT, DIVISION-B)
3 RAFEEQUE K. P .,
KARIELI HOUSE, MOULOODPURA, MUDICKAL, PALLICKAVALA,
PERUMBAVOOR-683547 (PARENT OF FABIYA PARVEEN, UKG
STUDENT, DIVISION-B)
4 HILARUDEEN PATHANAYATH PAREED ,
AGED 41 YEARS
S/O PAREED, PANAYATH HOUSE, KUNJATTUKARA, ALUVA,
EDATHALA NORTH, ALUVA-683561. (PARENT OF HAYAN P.H.,
STANDARD-4, DIVISION-B)
5 CENTRAL BOARD OF SECONDARY EDUCATION
REPRESENTED BY ITS CHAIRMAN, SHIKSHA KENDRA 2,
COMMUNITY CENTRE, PREET VIHAR, DELHI-110092.
6 THE REGIONAL OFFICER
RP.No.151 OF 2021 IN WP(C). 23915/2020
2
CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL
OFFICE AT THIRUVANANTHAPURAM, BLOCK B, 2ND FLOOR,
LIC DIVISIONAL OFFICE CAMPUS, PATTOM,
THIRUVANANTHAPURAM-695004.
7 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
SRI.MATHEW GEORGE VADAKKEL-GP
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
18.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP.No.151 OF 2021 IN WP(C). 23915/2020
3
ORDER
This petition has been filed seeking
review of the judgment of this Court dated
09.02.2021 saying that the concession made
by the learned Senior counsel, to grant 25%
discount to all the students in the School,
was in error and that he was, in fact,
authorized to concede only to 20%.
2. Dr.K.P.Satheesan, learned Senior
Counsel, instructed by Shri.Sabu Pullan,
submitted that since he was engaged in
various other cases connected to the afore
writ petition, he made a mistake in making
the submissions with respect to this School
and that, in fact, this Court had only
wanted all Schools to grant a minimum of 15%
discount, even when they are facing deficit.
He submitted that he was, in fact, asked to
concede 20% and that what has been recorded
in the judgment is in error.
3. The facts of this case show that the
RP.No.151 OF 2021 IN WP(C). 23915/2020
District Educational Officer has found that
this School is facing a deficit of
Rs.15,24,756/-. In that perspective, even
the discount of 20% now offered cannot be
found to be small.
I, therefore, order this review petition
to the limited extent of modifying the
directions in the judgment relating to this
case and direct the School to offer 20%
discount to all the students in the fees for
the Academic Year 2020-21 in comparison to
the actual and total fees charged for the
last year.
Needless to say, in all other respects
the judgment will remain unaltered.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
MC/18.2.2021
