Sudin Francis K. and others v. State of Kerala and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN WEDNESDAY, THE 28[TH] DAY OF JULY 2021 / 6TH SRAVANA, 1943** ## **WP(C) NO. 4920 OF 2021** ## **PETITIONER:** 1 MR. SUDIN FRANCIS K. AGED 47 YEARS S/O. FRANCIS, TC 14/444, ALOOR KOKKEN HOUSE, OLLUKKARA P. O., THRISSUR - 680 655. 2 MR.NAIBY V. K. AGED 50 YEARS, VADAKKUMPADAM HOUSE, K. A. U. P. O., EVERGREEN AVENUE, KUTTEPADAM, VELLANIKKARA, THRISSUR - 680 656. 3 MRS.POORNIMA DINTO AGED 35 YEARS, W/O. MR. DINTO DELS MANSION, MULLAKKARA, MANNUTHY P. O., THRISSUR - 680 651. 4 MR.BOBBY ANTHONY AGED 50 YEARS, S/O. ANTHONY, AKKARAPURAM HOUSE, MANNUTHY P. O., THRISSUR - 680 651. 5 MR.JEO JOHNSON AGED 48 YEARS, S/O. JOHNSON, MATHALA HOUSE, SREYAS NAGAR, OLLUKKARA P. O., THRISSUR - 680 655. BY ADVS. BIJO FRANCIS SRI.JOSE KURIAKOSE (VILANGATTIL) 1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 CHAIRMAN COUNCIL FOR THE INDIAN SCHOOL CERTIFICATE EXAMINATIONS, PRAGATI HOUSE, 3RD FLOOR, 47-48, NEHRU PLACE, NEW DELHI - 110019. 3 DON BOSCO CENTRAL SCHOOL MULLAKKARA, MANNUTHY, THRISSUR, KERALA - 680651, REPRESENTED BY ITS PRINCIPAL. BY ADV SHRI.K.B.GANGESH ## **RESPONDENTS:** ## **OTHER PRESENT:** R1 - SRI.RAJASEKHARAN NAIR.T,SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.4920 of 2021 2 ## **ANU SIVARAMAN, J.** **- - - - - - - - - - - - - - - - - - - - -** W.P.(C) No.4920 of 2021 **- - - - - - - - - - - - - - - - - - - - - - - - - - -** Dated this the 28[th] day of July, 2021 ## JUDGMENT This writ petition is filed by parents of the students studying in the 3[rd] respondent’s school seeking a direction to the 1[st] respondent to issue necessary directions to the 3[rd] respondent to reduce the school fee demanded by the 3[rd] respondent from the petitioners. 2. It is submitted that the 3[rd] respondent is a private school recognized by the 1[st] respondent and affiliated with the 2[nd] respondent Council. It is submitted that the petitioners’ wards are studying in the school. It is submitted that the 1[st] respondent has granted recognition to the school under Section 18 of the Right to Education Act, 2009 and is affiliated to the 2[nd] respondent Council. It is submitted that due to the nationwide lock down imposed to contain the spread of COVID-19 pandemic, the W.P.(C) No.4920 of 2021 3 school is conducting only online classes and the petitioners had to spend substantial amounts of money for making available high speed internet connections and for procurement of computers and smart phones for their children to attend the classes. It is submitted that due to the economic slowdown resulting from the pandemic, the petitioners are facing severe financial crisis and they had submitted Ext.P1 representation before the 3[rd] respondent seeking a reduction of the fee. It is submitted that the 3[rd] respondent is collecting exorbitant fees from each student amounting to Rs.28,300/- per year. It is stated that each student has to pay an amount of Rs.12,550/- as readmission fee during each year and the balance has to be paid in 9 instalments of Rs.1,750/- each. It is submitted that though representations have been moved before the 2[nd] respondent as well as the DEO, no action has been taken thereon. It is, therefore, prayed that this Court may direct the 1[st] respondent to reduce the fees appropriately considering the financial crisis faced by the petitioners. W.P.(C) No.4920 of 2021 4 3. A counter affidavit has been placed on record by the 3[rd] respondent. It is contended therein with regard to the fees collected as follows:- “4. The averment in paragraph 8 of the writ petition that the fee collected by the 3[rd] respondent from every student per year is Rs.28,300/- is not fully correct. It is true that students from standards V to VIl were supposed to pay Rs.28,300/- during the course of the academic year 2020-21. Students from standards VIII to XI were supposed to pay Rs.29,320/-, students from standards I to IV were supposed to pay Rs.27,300/- and LKG students were supposed to pay Rs. 26,300/-. Out of the total annual fee as aforesaid, the students from standards V to VII were supposed to pay an amount of Rs.12,550/- in lump sum at the time of re-opening and the balance on a monthly basis of Rs.1,750/- each for 9 months. Likewise students from standards I to IV were supposed to pay an initial fee of Rs.12,000/- and the balance on a monthly basis of Rs.1,700/-. LKG students were supposed to pay an initial fee of Rs.11,000/- and the balance on a monthly basis of Rs.1,600/-.” It is further submitted that the school has offered 22% fee reduction for all students for the academic year 20202021. This fact had been reported to the DEO in response to a report sought for by the said authority from the W.P.(C) No.4920 of 2021 5 school on the basis of Ext.P3 complaint made by the 4[th] petitioner. It is stated that the petitioners are financially well placed and they have made no attempt to approach the school authorities seeking any reduction in the fees. It is stated that 70% of the parents have already remitted the reduced fee without any complaint. It is further contended in paragraph 7 of the counter affidavit as follows:- “In fact the petitioners are actively canvassing remaining parents of the school for not paying the school fee on a claim that they would obtain favorable orders on fee reduction. In fact an account has been opened at ESAF Small Finance Bank, Kalathode Branch, Thrissur in the joint names of petitioners 1 and 2 with the 4[th] petitioner as the nominee on 01.03.2021 with Account No. 53210000307720 and the petitioners are compelling parents of the school for paying Rs.300/each into this account for meeting legal and other expenses for claiming fee reduction. This respondent has received complaints from parents in this regard with proof of chat and voice messages sent by the petitioners in this regard demanding money. The writ petition is liable to be dismissed with exemplary cost on this sole ground.” W.P.(C) No.4920 of 2021 6 It is contended that the school has not demanded any readmission fee from any of the students and 45% of the annual fee is collected as initial fee at the beginning of the year and the balance is to be paid on a monthly basis. It is submitted that the attempt of the petitioners is to mislead this Court. 4. Relying on the decisions of this Court in Biju C.M and others v. State of Kerala and others (2021 (2) KHC 203) as well as the Apex Court in Indian School, Jodhpur and another v. State of Rajasthan and others (2021 SCC Online SC 359) , it is contended that the school has granted more than the reductions as have been directed by this Court as well as the Apex Court in similar matters. It is, therefore, contended that the petitioners, who are engaging in profiteering in the guise of securing fee reductions without paying the school fees in respect of their children are not entitled to any relief from this Court. 5. A reply affidavit has also been placed on record by the petitioners. It is submitted that the petitioners, like W.P.(C) No.4920 of 2021 7 other entrepreneurs in the State, are struggling to meet their daily expenses due to the pandemic and the lock down. Relying on Ext.P5, it is contented that the fee receipt issued by the school on 17.03.2018 shows that several items of fees including tuition fee, special fee, smart class fee, exam fee, sports fee, establishment fee, etc are collected from the students. It is submitted that on 17.02.2020, an amount of Rs.27,500/- had been collected from the 3[rd] petitioner’s ward as development fund. It is submitted that, by Ext.P7, the Government had specifically directed that the school cannot charge any extra amounts and no profit can be made directly or indirectly in the prevailing pandemic situation. It is submitted that the petitioners have collected contributions among themselves for the conduct of the case and it is only for the purpose of meeting the expense of the litigation that the petitioners have started a bank account. It is stated that only the actual tuition fees are liable to be collected from the students. W.P.(C) No.4920 of 2021 8 6. I have considered the contentions advanced. This Court in W.P.(C) No.19023/2020 has considered the issue of fees that can be collected by private schools during the pandemic times. Taking note of the reports submitted by the Educational Authorities, it was held that the schools are liable to account for their income and expenditure and where the income is in surplus, a discount of 20% from the fee structure is to be granted to the students in view of the fact that classes are being conducted only online. The Apex Court in Indian School, Jodhpur vs. State of Rajasthan (supra) had directed that the school managements could collect annual fees fixed for the year 2019-2020, but by providing deduction of 15% of the amount in lieu of the unutilised facilities by the students during the academic year 2020-2021. In the instant case, it is a specific case of the respondents that no readmission fee or development fee is being collected from the students during the current year and that a discount of 22% of the fees collected during the previous W.P.(C) No.4920 of 2021 9 year have already been offered to the students. 7. In the above view of the matter, taking note of the directions issued by this Court and the Apex Court, I am of the opinion that no further directions are liable to be issued in this Case. The writ petition is dismissed. However, if any of the petitioners have not remitted the fees in respect of their wards, they shall be put on notice of the amounts remaining unpaid and be given some time to clear off the arrears, if any. Sd/- ANU SIVARAMAN JUDGE Bng/19.07.2021 W.P.(C) No.4920 of 2021 10 ## **APPENDIX OF WP(C) 4920/2021** PETITIONERS' EXHIBITS EXHIBIT P1 TRUE COPY OF THE REPRESENTATION TO THE 3RD RESPONDENT DATED 13.11.2020. EXHIBIT P2 TRUE COPY OF THE REMINDER REPRESENTATION TO THE 3RD RESPONDENT DATED 27.11.2020. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION TO THE D.E.O. DATED 05.01.2021. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION TO THE 2ND RESPONDENT DATED 05.01.2021. EXHIBIT P5 TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT DATED 17 MARCH 2018 EXHIBIT P6 TRUE COPY OF THE RECEIPT DATED 17.02.2020 ISSUED BY THE 3RD RESPONDENT EXHIBIT P7 TRUE COPY OF THE CIRCULAR BEARING NUMBER N3/312/2020/G.EDN DATED 02.12.2020 ISSUED BY THE GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA RESPONDENTS' EXHIBITS EXHIBIT R3(A) TRUE COPY OF THE LETTER DATED 30.01.2021 ISSUED BY DEO, THRISSUR TO THE 3RD RESPONDENT EXHIBIT R3(B) TRUE COPY OF REPLY PREFERRED BY THIS RESPONDENT TO DEO, THRISSUR ON 06.02.2021