Active Parents Forum Of Hps ... vs The State Of Telangana
2021 Latest Caselaw 2083 Tel

Item No.15



      THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                                   AND
      THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY


                          W.A.No.269 of 2021

JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)


1.     On the last date of hearing, learned counsel for the

appellant/writ petitioner was directed to inform the court as to whether

the tuition fee bill raised by the school on the parents of the 219

students, who have been deprived of the online classes in the current

academic year had been paid or not and if so, to indicate the extent of

the arrears. Respondents No.3 to 5/schools were also directed to

inform the court as to whether the school is in compliance of the order

dated 03.05.2021, passed by the Supreme Court in Indian School,

Jodhpur & Anr. v. State of Rajasthan & Ors (Civil Appeal No.1724 of

2021). In the meantime, learned counsel for the respondents No.3 to

5/Schools were restrained from denying online access to any of the

students whose tuition fee had remained pending or payable, for any

reason.

2. Instead of filing the information regarding the outstanding fee

payable by the 219 students for the current academic year, learned

counsel for the appellant states that he has filed a tabulated statement

of the arrears of the fee payable by the said students for the academic

year 2020-21. On specifically enquiring from him as to whether he

can confirm that the 219 students who have been permitted to log into

the online classes, have paid any part of the tuition fee for the current

academic year, he admits that their fee has not been paid for the

current academic year, that has commenced in the month of July,

2021. He assures the court that the monthly tuition fee shall be paid by

the parents soon. He also requests that the school may be bound down

to the offer of concession of Rs.10,000/- in the tuition fee for the

current academic year.

3. Mr. S. Ravi, learned Senior Advocate appearing for the

respondents 3 to 5/Schools states that the school is willing to waive

off the tuition fee of the aforesaid students for the month of July, 2021

which will be well over Rs.10,000/- that has been offered as a

concession by the school, but the parents of the 219 students who are

in default, may be called upon to pay up the tuition fee from the

month of August, 2021, on a regular basis.

4. Ordered accordingly. The tuition fee shall be deposited by the

parents of the 219 students with the school, effective from the month

of August, 2021, on a regular basis.

5. As regards application of G.O.Ms.No.46 dated 21.04.2020, Mr.

S. Ravi, learned Senior Advocate appearing for the respondents No.3

to 5/Schools submits that the grievance of the appellant that the school

is not following the said G.O, has been adequately addressed. He

assures the court that the school shall comply with the said G.O in

letter and spirit by charging only the tuition fee on a monthly basis,

for the academic year 2020-21.

6. While binding the respondents No.3 to 5/Schools to the

aforesaid statement, it is directed that in the first round, the arrears of

tuition fee for the academic year 2020-2021, upto a sum of

Rs.30,000/- shall be cleared by the defaulting parents on or before

31.07.2021. After depositing the aforesaid amount, the remaining

outstanding arrears shall be divided and cleared in two equal

instalments. The second instalment shall be paid on or before

31.08.2021 and the third and final instalment, on or before

30.09.2021.

7. The present appeal is accordingly disposed of along with the

pending applications, if any.

______________________________ HIMA KOHLI, CJ

______________________________ B. VIJAYSEN REDDY, J 13.07.2021 JSU/PLN