Biju vs State Of Kerala
2021 Latest Caselaw 15699 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
                          WP(C) NO. 1278 OF 2021


PETITIONERS:

     1      BIJU, AGED 46 YEARS, S/O.DIVAKARAN, SREE AYYAPPA SADANAM,
            CHEMPOORU, MUDAKKAL P.O., ATTINGAL, THIRUVANANTHAPURAM
            DISTRICT, (PARENT OF MANJHA, STANDARD VII AND METHRA,
            STANDARD-IV).

     2      NIJU, AGED 38 YEARS, S/O.RAMESHAN, MIJU NIVAS,
            NANDAVANAM, NEDUMPARAMBU P.O., THIRUVANANTHAPURAM
            DISTRICT, (PARENT OF RIYAN, STANDARD-III).

     3      NASSIM, AGED 34 YEARS, S/O.NAIR, VENKUZHY, PACHAYIL
            VEEDU, VENGODU, KUDAVUR P.O., THIRUVANANTHAPURAM
            DISTRICT (PARENT OF BILAL, STANDARD I).

            BY ADV P.ANOOP (MULAVANA)


RESPONDENTS:

    1      STATE OF KERALA, REPRESENTED BY ITS SECRETARY,
           DEPARTMENT OF EDUCATION, SECRETARIAT,
           THIRUVANANTHAPURAM DISTRICT, PIN-695001.

    2      CENTRAL BOARD OF SECONDARY EDUCATION,
           SHIKSHA KENDRA-II, COMMUNITY CENTER, PREET VIHAR,
           DELHI-110092, REPRESENTED BY ITS CHAIRMAN,
           OFFICE CAMPUS, PATTOM, THIRUVANANTHAPURAM DISTRICT,
           PIN-695004.

    3      DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM
           DISTRICT, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
           PAZHAVANGADI, FORT P.O., THIRUVANANTHAPURAM, PIN-695023.

    4      CHRIST NAGAR PUBLIC SCHOOL, VALAKKADU, ELAMBA P.O.,
           ATTINGAL, THIRUVANANTHAPURAM, PIN-695103,
           REPRESENTED BY ITS MANAGING DIRECTOR.
 WPC 1278/21
                                         2

    5          THE REGIONAL OFFICER,
               CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL
               OFFICE, THIRUVANANTHAPURAM, BLOCK B, 2ND FLOOR,
               LIC DIVISIONAL OFFICE CAMPUS, PATTOM,
               THIRUVANANTHAPURAM, PIN-695004.

               BY ADVS.
               SRI.NIRMAL S., SC, CBSE
               SRI.R.S.KALKURA

               SRI. P.M.MANOJ - SR.GP


        THIS     WRIT   PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   30.07.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WPC 1278/21
                                          3



                                 JUDGMENT

The petitioners in this case are the parents

of students studying in the 4th respondent-Christ

Nagar Public School, Thiruvananthapuram. In sum

and substance, the pleadings on record by the

petitioners are to the effect that, on account of

the Covid-19 pandemic restrictions, their income

has been drastically attenuated and therefore,

that they are unable to shoulder the huge fees

being charged by the school on their wards.

2. The petitioners assert that since the

school is now not functioning physically, but only

on virtual mode, the fees charged prior to the

pandemic cannot be insisted from them because the

facilities have been drastically reduced. They,

therefore, pray that the school authorities be

directed not to remove their children from the

online classes for the reason of non-remittance of WPC 1278/21

fees; and for a further direction to the school to

grant them instalment facility to remit the

tuition fee.

3. I have heard Sri.P.Anoop - learned counsel

for the petitioners; Sri.R.S.Kalkura - learned

counsel for the 4th respondent; Sri.S.Nirmal -

learned Standing Counsel for respondents 2 and 5

and Sri.P.M.Manoj - learned Senior Government

Pleader for respondents 1 and 3.

4. The afore contentions of the petitioners

were further supplemented by asserting that since

the school is not functioning in the physical

mode, heads of fees like 'Special Fee', 'Activity

Fee', 'Establishment Fee', 'Magazine Fee',

'Celebration Fee' etc cannot be charged by them.

He submitted that in the earlier years, the total

fee was fixed factoring in all these heads; but

that this is impermissible during the Covid-19

pandemic time, when the schools are remaining

physically closed. He added that if these heads WPC 1278/21

are now allowed to be charged, it will amount to

profiteering at the hands of the school, which is

expressly barred by the Affiliation By-Laws of the

2nd respondent-CBSE. He, therefore, reiteratingly

prayed that the reliefs in this writ petition be

granted.

5. In response, Sri.R.S.Kalkura - learned

counsel appearing for the school, submitted that

even without asking the petitioners, his client

had offered reduction in the total fee, from what

was charged in the academic year 2019-20, by 17%

to 20%. He submitted that details of this

reduction are enumerated in the affidavit dated

14.07.2021 filed by his client; further, adding

that as and when parents had approached the

Management seeking greater reduction, that was

also granted, in some cases even up to 70%. He

submitted that, in fact, the bonafides of the

school was exhibited to all the parents when they

issued Ext.R4(g) letter dated 11.12.2020, WPC 1278/21

notifying them of the reduction in fees and

requesting them to approach the Management if they

require any further discount. He submitted that

neither of the petitioners availed the benefit of

Ext.R4(g) letter and that petitioners 1 and 2 paid

full Tuition Fee, after availing the discount for

the academic year 2020-2021; while they have paid

a small portion for the academic year 2021-2022.

He submitted that not only have they refused to

make full payment for this academic year, they are

encouraging other parents to follow suit and that

this is now causing great strain on the financial

resources of his client. He, therefore, prayed

that this writ petition be dismissed.

6. The learned Standing Counsel for the CBSE

- Sri.S.Nirmal, affirmed that the Affiliation By-

laws of his client prohibit profiteering by any

school and therefore, that unless they are able to

establish that the fee being charged by them is

commensurate to the facilities offered, they WPC 1278/21

cannot be permitted to do so. He submitted that if

this Court is so inclined, the CBSE can look into

the issues in this case, however, adding that it

does not appear to be necessary because, prima

facie, the school is already offering 17% to 20%

discount across the classes.

7. I have evaluated the afore submissions and

have also gone through the materials available on

record.

8. As rightly stated by Sri.R.S.Kalkura, the

school appears to have issued Ext.R4(g) letter,

dated 11.12.2020, addressed to all parents,

notifying that an amount of Rs.5000/- has been

reduced from the fee of all students in comparison

to the one which was charged during the academic

year 2019-20. In fact, the parents were also told

to inform the Management if they require any

further reduction. There is nothing on record to

show that petitioners availed of any such

opportunity; and interestingly, at least two of WPC 1278/21

them appear to have paid the entire fees for the

academic year 2020-21, after availing the standard

reduction offered through Ext.R4(g) letter. It is

the 3rd petitioner who is stated to have refused to

pay any fee for that year; while all of them have

refused to pay substantial portion of it for the

academic year 2021-22.

9. That said, I notice that petitioners are

relying upon an earlier judgment of this Court in

Biju C.M. and others v. State of Kerala and others

[2021(2) KHC 203]. In the said judgment, it was

luculently recorded that the endeavour of this

Court was to obtain the maximum benefit to the

students; and a minimum of 15% reduction was

agreed upon by various schools therein.

10. In the case at hand, since Sri.R.S.Kalkura

submits that the reduction offered is, in fact,

more than 15% - up to 25% in some cases - I do not

think that any further orders are required to be

issued. However, I am of the view that if the WPC 1278/21

petitioners require any further indulgence, they

can be given an opportunity of approaching the

Management appropriately, as has been offered in

Ext.R4(g) letter.

Resultantly, this writ petition is closed,

recording the submission of Sri.R.S.Kalkura that a

minimum of 17% to 20% fee reduction has been

granted to all students, including the children of

the petitioners, for the academic years 2020-21

and 2021-22; with a resultant liberty being

reserved to the petitioners to approach the

Management for any further reduction or for

payment of the same in instalments, if they are so

interested.

Before closing, I also record the further

submission of Sri.R.S.Kalkura that the allegation

in this writ petition, that students are not

allowed to take the online classes, is completely

untrue and that no student will be expelled merely

on account of non-payment of the fee. He, however, WPC 1278/21

added that this will be subject to the right of

the Management to recover the applicable fee from

the parents as per law.

Sd/-

RR                              DEVAN RAMACHANDRAN
                                     JUDGE
 WPC 1278/21


                APPENDIX OF WP(C) 1278/2021

PETITIONER EXHIBITS:

EXHIBIT P1        TRUE COPY OF THE REPRESENTATION DATED

18.12.2020 SUBMITTED BY THE PETITIONERS AND OTHERS TO THE 4TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 21.08.2020 WP(C)NO.15556/2020 OF THIS HON'BLE COURT.

RESPONDENT EXHIBITS:

Exhibit R4(a) TRUE COPY OF THE ORDER DATED 27.06.2020 ISSUED BY VILLAGE OFICER MR. ANSHAD TO THE 4TH RESPONDENT

Exhibit R4(b) TRUE COPY OF THE COMMUNICATION DATED 9.11.2020 ISSUED BY THE TAHASILDAR AND EXECUTIVE MAGISTRATE CHIRAINKEEZH

Exhibit R4(c) TRUE COPY OF THE ATTENDANCE REGISTER MAINTAINED MANUALLY FROM 1.06.2020 TO 27.10.2020 BY THE 4TH RESPONDENT

Exhibit R4(d) TRUE COPY OF THE ATTENDANCE REGISTER RECORDED THROUGH ONLINE CLASSES IN WHICH THE CHILDREN OF THE 1ST PETITIONER HAS ATTENDED

Exhibit R4(e) TRUE COPY OF THE ATTENDANCE REGISTER RECORDED THROUGH ONLINE CLASSES IN WHICH THE CHILDREN OF THE 2ND PETITIONER HAS ATTENDED

Exhibit R4(f) TRUE COPY OF THE ATTENDANCE REGISTER RECORDED THROUGH ONLINE CLASSES IN WHICH THE CHILDREN OF THE 3RD PETITIONER HAS ATTENDED

Exhibit R4(g) TRUE COPY OF THE LETTER DATED 11.12.2020 ISSUED BY THE 4TH RESPONDENT WPC 1278/21

TO ALL PARENTS OF THE CHILDREN OF THE SCHOOL

Exhibit R4(h) TRUE COPY OF THE REPORT SUBMITTED BY THE CLASS TEACHER OF THE 1ST PETITIONER'S WARD MANCHA BIJU

Exhibit R4(i) TRUE COPY OF THE REPORT SUBMITTED BY THE CLASS TEACHER OF THE 1ST PETITIONER'S WARD METHRA BIJU

Exhibit R4(j) TRUE COPY OF THE REPORT SUBMITTED BY THE CLASS TEACHER OF THE 2ND PETITIONER'S WARD

Exhibit R4(k) TRUE COPY OF THE REPORT SUBMITTED BY THE CLASS TEACHER OF THE 3RD PETITIONER'S WARD

Exhibit R4(l) TRUE COPY OF THE LETTER DATED 6.04.2021 ALONG WITH COVER IN WHICH THE REGISTERED POST WAS SEND ISSUED BY VIJAYA DEV V.S. PARENT OF NAVAMI DEV V.T. AND NAVANEETH DEV

Exhibit R4(m) TRUE COPY OF THE LETTER DATED NIL ALONG WITH COVER IN WHICH THE REGISTERED POST WAS SENT ISSUED BY LISSY G.T. PARENT OF ADVAITH R., 4TH STANDARD

Exhibit R4(n) TRUE COPY OF THE LETTER DATED NIL ALONG WITH COVER IN WHICH THE REGISTERED POST WAS SENT ISSUED BY GIREESH KUMAR PARENT OF KARTHIK G. AND KRITHIK G. 2ND AND 5TH STANDARD

Exhibit R4(o) TRUE COPY OF THE UNSIGNED LETTER DATED NIL ALONG WITH COVER IN WHICH THE REGISTERED POST WAS SEND ISSUED BY REMYA P.R. PARENT OF SHREYAS RAJ AND SHREYA RAJ 4TH AND 3RD STANDARD

Exhibit R4(p) TRUE COPY OF THE UNSIGNED LETTER DATED NIL ALONG WITH COVER IN WHICH THE WPC 1278/21

REGISTERED POST WAS SENT ISSUED BY SUGEESH SURENDRAN PARENT OF SURYA NARAYANAN 5TH STANDARD

Exhibit R4(q) TRUE COPY OF THE UNSIGNED LETTER DATED NIL ALONG WITH COVER IN WHICH THE REGISTERED POST WAS SENT ISSUED BY THE FIRST PETITIONER IN RESPECT OF HIS SON RIYAN OF 3RD STANDARD

Exhibit R4(r) TRUE COPY OF THE LETTER DATED NIL ALONG WITH COVER IN WHICH THE REGISTERED POST WAS SENT ISSUED BY KARTHIKA M.V.

Annexure R2(a) TRUE COPY OF NOTIFICATION CBSE/SECYAFF/2020 DATED 17.04.2020