Evana Gomez vs The State Of Kerala
2021 Latest Caselaw 6380 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

   TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942

                      WP(C).No.19328 OF 2020(M)

PETITIONER:

               EVANA GOMEZ, AGED 14 YEARS, D/O. JAZIL GOMEZ,
               NELLUPURAYIL HOUSE, THIRUVANKULAM, ERNAKULAM,
               PIN-682 305 REPRESENTED BY HER NATURAL GUARDIAN
               FATHER MR. JAZIL GOMEZ, AGED 42 YEARS,
               S/O. ANTONY GOMEZ (LATE), NELLUPURAYIL HOUSE,
               THIRUVANKULAM, ERNAKULAM, PIN-682 305
               NOW RESIDING AT VILLA 19, CASSADEL RIVERWOOD,
               EDAMPADOM, VARAPUZHA, PIN-683 517.

               BY ADV. PARTY IN PERSON

RESPONDENTS:

      1        THE STATE OF KERALA, REPRESENTED BY ITS CHIEF
               SECRETARY, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

      2        THE SECRETARY TO GOVERNMENT, DEPARTMENT OF
               EDUCATION, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

      3        THE DISTRICT COLLECTOR, DISTRICT OF ERNAKULAM,
               COLLECTORATE, KAKKANAD, ERNAKULAM-682 030
               [email protected], PHONE 0484 2372902

      4        DISTRUCT EDUCATION OFFICER
               EDUCATIONAL DISTRICT OF ERNAKULAM, NEAR KANAYANNUR
               TALUK OFFICE, ERNAKULAM, KOCHI-682 011.
               PHONE-0484 2360983, EMAIL-
               [email protected]

      5        CENTRAL BOARD OF SECONDARY EDUCATION
               SHIKSHA KENDRA 2, COMMUNITY CENTRE, PREET VIHAR,
               DELHI-110 092, REPRESENTED BY ITS CHAIRMAN.

      6        THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY
               EDUCATION, REGIONAL OFFICE OF THIRUVANANTHAPURAM,
               BLOCK B, 2ND FLOOR, LIC DIVISIONAL OFFICE CAMPUS,
               PATTOM, THIRUVANANTHAPURAM-695 004.
 WPC 19328/20
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       7       THE CHOICE SCHOOL, NADAMMA EAST TRIPUNITHURA,
               COCHIN, KERALA, INDIA-682 301.
               [email protected]

       8       THE PRINCIPAL, THE CHOICE SCHOOL, NADAMMA EAST
               TRIPUNITHURA, COCHIN, KERALA, INDIA-682 301
               [email protected]


               BY ADVS.
               SRI.NIRMAL S., SC, CBSE
               SRI.TONY GEORGE KANNANTHANAM
               SRI. P.M.MANOJ - SR.GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
23.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 19328/20
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                                     JUDGMENT

When this matter was considered by this

Court yesterday (22.02.2021), the father of

the petitioner-student, Sri.Jazil Gomez,

appeared in person and submitted that he has

been constrained to file this Writ Petition

because of the financial crisis which his

family has been pushed into, on account of the

Covid-19 pandemic disruptions. He submitted

that he is only asking for 50% waiver of the

Fees for the academic year 2020-21 on account

of the afore reason and that if he is granted

some time, he is willing to pay off the said

amounts without any further default.

2. I, therefore, asked Sri.Tony George

Kannamthanam - learned counsel for the School,

as to what indulgence his client could offer

in order to enable the petitioner and his

children to get through the crisis, which they

say they are facing.

WPC 19328/20

3. Today, Sri.Kurian George Kannamthanam

- learned Senior Counsel, instructed by

Sri.Tony George Kannamthanam, made concessions

far in excess of what this Court could have

expected and submitted that, taking note of

the financial crisis projected by Sri.Jazil

Gomez, the School has taken a decision to

either grant the petitioner 40-45% discount in

the Fee for the academic year 2020-21 or that

if she is willing to change School, they are

willing to conduct a special exam for her and

to waive the entire Fee for this academic

year, so that she can be given a Transfer

Certificate to explore the said course. He

submitted that he is making the afore

alternative suggestion because the sister of

the petitioner is also studying in Standard II

in the School and her Fee even for the last

academic year has not been honoured. The

learned Senior Counsel very fairly then added WPC 19328/20

that if Sri.Jazil Gomez is willing to explore

the second option given by his client, then

both his children can be given Transfer

Certificates and that the Fees until now and

for the full academic year 2020-21 will be

fully waived.

4. Sri.Jazil Gomez responded to the afore

suggestions by expressing his gratitude and

submitted that since he is unable to continue

his children in the School, he may be given

the option of withdrawing them on the strength

of Transfer Certificates.

In the afore circumstances, recording the

submissions of the learned Senior Counsel -

that a special examination for Standard IX

will be conducted for the petitioner within a

couple of weeks and that both her and her

sister, who is studying in Standard II in the

School, will be given Transfer Certificates at

the end of this academic year, without charge WPC 19328/20

of any Fees, either for the balance of the

last academic year or for the full academic

year 2020-21 - I close this Writ Petition

commending the learned Senior Counsel for the

fairness exhibited; and leaving liberty to

Sri.Jazil Gomez to approach the school for

such purpose.

Sd/-

                                        DEVAN RAMACHANDRAN
      RR                                         JUDGE
 WPC 19328/20




                           APPENDIX
      PETITIONER'S/S EXHIBITS:

      EXHIBIT P1        TRUE COPY OF THE STUDENT IDENTITY

CARD OF THE PETITIONER ISSUED BY THE 7TH RESPONDENT SCHOOL.

EXHIBIT P2 TRUE COPY OF SCREENSHOT OF THE EMAIL DATED 8.6.2020.

EXHIBIT P3 TRUE COPY OF SCREENSHOT OF THE EMAIL DATED 15.7.2020.

EXHIBIT P4 TRUE COPY OF SCREENSHOT OF THE EMAIL DATED 21.7.2020.

EXHIBIT P5 THE TRUE COPY OF THE REGISTERED LETTER DATED 24.7.2020.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION EMAIL DATED 25.8.2020.

EXHIBIT P7 TRUE COPY OF THE SCREENSHOT OF THE ONLINE MASS PETITION FILED BY THE PARENTS OF THE STUDENTS OF THE 7TH RESPONDENT SCHOOL IN MAY 2020.

EXHIBIT P8 THE TRUE COPY OF THE CIRCULAR DATED 20TH MAY 2020 ISSUED BY THE 7TH RESPONDENT SCHOOL.

EXHIBIT P9 THE TRUE COPY OF THE FEE STRUCTURE OF THE 7TH RESPONDENT SCHOOL FOR THE ACADEMIC YEAR 2020-2021.

ANNEXURE I TRUE COPY OF THE STATUTORY UPLOAD (INFORMATION - OF-THE-SCHOOL- REQUIRED-TO-BE-UPLOADED-ON-SCHOOL WEBSITE AS PER CBSE) FOR THE ACADEIC YEAR 2020-21.0

ANNEXURE II TRUE COPY OF THE RULING NO.AAR/ST/14/2016 IN APPLICATION NO.AAR/44/ST-1/10/2015 OF CENTRAL EXCISE, CUSTOMS AND SERVICE TAX, APPLICANT M/S. CHOICE ESTATES AND WPC 19328/20

CONSTRUCTIONS LIMITED.

RESPONDENT'S/S EXHIBITS:

ANNEXURE I COPY OF THE FEE STRUCTURE AND SCHEDULE FOR THE YEAR 2019-20.

ANNEXURE II COPY OF THE FEE STRUCTURE AND SCHEDULE FOR THE YEAR 2020-21.

ANNEXURE R1(a) ORDER DATED 17.04.2020.

ANNEXURE III COPY OF THE CHART SHOWING THE PROJECTED RECEIPTS AND PAYMENTS, CLASS WISE FOR THE YEAR 2020-21.

ANNEXURE IV COPY OF A PROFILE OF THE 7TH RESPONDENT'S SCHOOL.

ANNEXURE V COPY OF THE DETAILED STATEMENT SHOWING THE DETAILS OF THE FEE ISSUED BY THE 7TH RESPONDENT.

ANNEXURE VI COPY OF THE LIST OF STUDENTS WITH SPECIAL NEEDS DURING THE YEAR 2020-

ANNEXURE VII COPY OF THE MID-YEAR NEW ADMISSION STUDENTS LIST FOR THE YEAR 2020-21.

ANNEXURE VIII COPY OF THE FEE DEFAULTERS LIST ACADEMIC YEAR 2020-21 FROM MAY 2020 TO TILL DATE.