WP(C) No. 1278 of 2021

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** ## **FRIDAY, THE 30[TH] 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 4 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 5 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 6 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 Bylaws 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 7 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 8 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 9 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 10 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 11 ## **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 12 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 13 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