Orissa High Court
WP(C)/32771/2020 on 1 February, 2021
W.P.(C) No.32771 of 2020
5. 01.02.2021 This matter is taken up through Video Conferencing
because of COVID-19 Pandemic.
Heard Mr. Somanath Mishra, learned counsel for the
petitioner, Mr.Ajodhya Ranjan Das, learned counsel for
opposite party nos.1 and 2 and Mr.Sanjay Kumar Mishra,
learned counsel for opposite party no.4.
The petitioner-Union is a registered Union duly
registered under the Trade Unions Act,1926 and its General
Secretary calls in question the fee structure of V.S. Vidyalaya
by the opposite parties for the year 2020-21 in spite of fee hike
in the year 2018-19 and 2019-20 and further the petitioner has
challenged the action of the opposite parties regarding Minutes
of the meeting held on 18.08.2020 pursuant to the order dated
14.07.2020 passed by this Court in W.P.(C) No.15040 of 2020.
In the instant case, the petitioner has sought for
quashing of Annexure-10 and allow the parents to pay the
school fees on the basis of 2019-20 fees structure and refund
the excess amount already deducted from the salary till the
next academic year.
A counter affidavit has been filed by opposite party nos.3
and 4 wherein it has been stated that such fees hike, as
demonstrated vide Annexure-10 is around 20% and so far as
Gs
common judgment of this Court dated 07.01.2021 passed in
W.P.(C) No.11299 of 2020 and other cases, which was passed
based on the report of the Principal Secretary, School and
Mass Education Department, which demonstrates as to the
percentage of tuition fees or composite fees waiver percentage
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as per slab, the composite revised fees structure of the
opposite party no.4 Society either comes under sl.no.3 or 4 i.e.,
in between the slab of Rs.12,100/- to Rs.24,000/- and/or
Rs.24,001 to Rs.48,000/- per annum and in terms of the said
Minutes of Meeting/MOU, which is not applicable to the
opposite party, it should have revised/reduced the said
enhanced fees by 12% and 15% respectively as per the fees
structure/slab applicable to the students of the said
institution. Rather, as may be seen from the Minutes of
Meeting dated 18.08.2020 i.e., Annexure-9, which well reflects
that the notified fees hike has been brought down to
approximately 20% from 40% for the Academic Year 2020-21
vide notification no.17.07.2020.
Further in the counter affidavit filed by opposite party
nos.3 and 4 it is stated that while disposing of the said batch of
writ petitions vide common judgment dated 07.01.2021, this
Court, vide paragraph-30 of the said judgment observed as
follows :
"Neverthless, it must be clarified that while
this Court has recorded the fact of the MOU
having been entered into, this will not
preclude individual institutions or parties
who may be aggrieved or who may have a
different point of view than that recorded in
the MOU, or seeks strict enforcement of the
terms and conditions of recognition or grant
of NOC as set out in the resolution dated 23rd
September,1996 from seeking appropriate
3
reliefs in separate proceedings as are
permissible to them in accordance with law."
Further in the said counter affidavit it is stated that in
paragraph-30 of the said judgment, finally this Court
concluded that in the result of the said writ applications, all
pending applications pertaining to the said issue also stand
disposed of in terms of the said judgment. Hence, the present
writ application filed by the petitioner Union is also deemed to
be disposed of in the light of the common judgment dated
07.1.2021 passed in W.P.(C) No.11299 of 2020 and other
cases.
After hearing learned counsel for the respective parties
and in view of the judgment dated 07.01.2021 passed by this
Court in W.P.(C) No.11299 of 2020 and other cases, this writ
petition is disposed of in terms of the judgment dated
07.01.2021 passed by this Court in W.P.(C) No.11299 of 2020 .
Accordingly, the writ petition is disposed of.
As restrictions are continuing due to COVID-19
Pandemic, learned counsel for the parties may utilize the soft
copy of this order available in the High Court's official website
or print out thereof at par with certified copies in the manner
prescribed, vide Court's notice dated 4587 dated 25.03.2020.
.........................
P. Patnaik, J.
