WP(C) NO. 22079 OF 2021

**WP(C) NO. 22079 OF 2021** **1** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V WEDNESDAY, THE 1[ST] DAY OF JUNE 2022 / 11TH JYAISHTA, 1944 WP(C) NO. 22079 OF 2021** ## **PETITIONER/S:** THE CHARTER SCHOOL PARENTS ASSOCIATION REG. NO. EKM/TC/335/2021 ROOM NO. 102, 2ND FLOOR, KALLENS SHOPPING CENTRE, EDATHALA P.O, PUKKATTUPADY, ERNAKULAM DISTRICT, PIN 683561 REPRESENTED BY ITS PRESIDENT ASEEM S.R, ALEENA'S VILLA, OPP GREEN VALLEY U LANE, PUSHPANAGAR ROAD, , CHOONDY, ERUMATHALA P.O, ALUVA, PIN 683 112. BY ADVS. S.NIDHEESH SARANYA CHANDRAN ## **RESPONDENT/S:** 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001 2 CENTRAL BOARD OF SECONDARY EDUCATION SHIKSHA KENDRA-2 COMMUNITY CENTRE, PREET VIHAR, DELHI 110 092 REPRESENTED BY ITS CHAIRMAN 3 THE REGIONAL OFFICER CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, BLOCK-B, 2ND FLOOR, LIC DIVISIONAL OFFICE CAMPUS, PATTOM, THIRUVANANTHAPURAM 695 004 4 THE DEPUTY DIRECTOR OF EDUCATION ERNAKULAM DISTRICT, CIVIL STATION, KAKKANADU, ERNAKULAM, PIN 682 030 5 THE DISTRICT EDUCATIONAL OFFICER MINI CIVIL STATION ANNEX., PERIYAR NAGAR, ALUVA, PIN 683101 6 CHARTER SCHOOL VAZHANASHALA CHMMALAPADY ROAD, NEAR PUKATTUPADY, KAKKANAD, ERNAKULAM, PIN 683561, RPERESENTED BY ITS PRINCIPAL **WP(C) NO. 22079 OF 2021** **2** BY SMT. NISHA BOSE, SR GP BY SRI. S. NIRMAL, SC BY ADVS. SANTHOSH MATHEW ARUN THOMAS JENNIS STEPHEN VIJAY V. PAUL KARTHIKA MARIA ANIL SEBASTIAN PULICKEL JAISY ELZA JOE ABI BENNY AREECKAL MATHEW NEVIN THOMAS KARTHIK RAJAGOPAL NANDA SANAL SANITA SABU VARGHESE MANASA BENNY GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) NO. 22079 OF 2021** **3** ## **JUDGMENT** The petitioner is an association registered under Act XII of 1955 by the parents of students studying in the Charter School, Kakkanad. They have approached this Court aggrieved by the inaction on the part of the respondents in reducing the fee levied by the 6th respondent in imparting education to the pupils admitted in the said school. 2. According to the petitioner, schools all over the country have been imparting education through the digital space on account of the restrictions imposed to curtail the ill effect of the pandemic. Directions have been issued by this Court as well as various statutory bodies to reduce fees by the schools concerned. According to the petitioner, instead of reducing the fees, the 6th respondent has hiked the same considerably making it impossible for the parents to remit the same. They contend that as physical classes are not being held, operational costs of schools have come down drastically. In the said circumstances, the petitioner has preferred Ext.P3 representation before the 6th respondent. However, the 6th respondent refused to consider the same and **WP(C) NO. 22079 OF 2021** **4** grant relief to the petitioner. In the said circumstances, Ext.P6 to P8 representations were submitted before the respondents 3 to 5. However, no action has been taken. It is in the afore circumstances that the petitioner has approached this Court seeking directions. 3. A statement has been filed by the learned Standing Counsel appearing for the respondents 2 and 3 wherein it is stated that as per the affiliation guidelines issued by the CBSE, all schools affiliated to the Board can only charge fees for meeting the expenses for running the school. The levy of fees is to be without any profit motive and would also be subject to the laws and regulations of the Appropriate Government. It is also stated that it is for the concerned State Governments to fix the fee, taking note of the prevalent situation. 4. In the counter affidavit filed by the 6th respondent, in addition to averring that the writ petition is not maintainable, it is contended that the petitioner association has not placed on record any information relating to its members and their children who claim to be the students of the 6th respondent school. According to the 6th respondent, the fees have been fixed in accordance with the quality of education imparted and the infrastructure which is provided in the school. It is further stated that the school was established in **WP(C) NO. 22079 OF 2021** **5** the year 2016 and it still incurs considerable expenses for developing the infrastructure. Relying on Ext.R6(1) balance sheet for the years 2019 and 2020, it is submitted that the school is running at a huge loss. It is further stated that the management of unaided private schools is to be given maximum autonomy with regard to the administration which would include the right of appointment, the exercise of disciplinary powers, admission of students and the fees to be charged. Any default in payment of fees or any reduction of fees as sought for, would cripple the 6th respondent and make it unviable to operate. It is further stated that the school would have to incur various fixed expenses even if the entire school is shut down and classes are conducted online. As the school is a private unaided educational institution, they are exclusively dependent on the fees collected to cover their salary, establishment costs, and all other expenditures. The salary and allowances of entire teaching and non-teaching staff will have to be paid by the school management and also the charges of insurance, interest, electricity, telephone (including huge broadband charges) etc. 5. I have heard Sri.Nidheesh, the learned counsel appearing for the petitioner, Sri.Nirmal, the learned Standing Counsel appearing for the CBSE, **WP(C) NO. 22079 OF 2021** **6** Sri.Santhosh Mathew, the learned counsel appearing for the 6th respondent and the learned Government Pleader. 6. The first prayer in the writ petition is to direct the 5th respondent to file a report before this Court based on Exhibit P8 representation submitted by the petitioner and on its basis, to direct the 6th respondent to reduce the fees. The learned Government Pleader fairly submitted that the 6th respondent is a private unaided school and the 5th respondent will have no jurisdiction either to inspect the school or to fix any criteria for determination of the fees to be realized by the private school from its students. 7. Having considered the submissions, I am of the considered opinion that this Court is not equipped to venture and determine the fees to be fixed by a private unaided school in a writ petition filed under Article 226 of the Constitution of India. The petitioner has also not furnished any details of the fees demanded by the School, as to how they concluded that the fees were high when compared to comparable schools or any other details. As rightly submitted by the learned counsel appearing for the petitioner, the School would incur charges like rent, taxes, insurance charges, repair and upkeep of the buildings, electronic equipment, furniture and fixtures, statutory dues, payments to **WP(C) NO. 22079 OF 2021** **7** financial institutions, etc, even if classes are held online. The balance sheet produced by the respondents would show that the financial condition of the School is precarious and the School is running at a loss. 8. Furthermore, the very same issue had come up for consideration before a learned Single Judge of this Court in W.P.(C) No.11410 of 2021. While disposing of the writ petition, this Court had held that this Court, while exercising powers under Article 226 of the Constitution, cannot assume the role of an administrator and probe into the day-to-day functioning of the School. As in the said case, no materials have been produced before the Court to substantiate that the parents of the students are unable to bear the fees and other expenses of the students for pursuing their education in a Private Unaided School. Relying on the observations in TMA Pai Foundation v. State of Karnataka (2002) 8 SCC 481, this Court observed that maximum autonomy has to be given to the management with regard to administration including the power to fix the fees. 9. Having considered the facts and circumstances, I am of the considered opinion that the reasons which persuaded the learned Single Judge to reject the petition, apply on all fours to the instant case as well. I am of the considered **WP(C) NO. 22079 OF 2021** **8** opinion that the petitioner has not made out any case for interference. It would be open for the petitioner to agitate the matter before the respondents 2 and 3, who shall consider the same and take appropriate decision. This writ petition will stand dismissed. **Sd/-** **RAJA VIJAYARAGHAVAN V** **JUDGE** NS **WP(C) NO. 22079 OF 2021** **9** ## **APPENDIX OF WP(C) 22079/2021** PETITIONER(S)EXHIBITS : Exhibit P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 6-10-2021 Exhibit P2 TRUE COPY OF THE BROCHURE OF THE 6TH RESPONDENT. Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 05-06-2021 Exhibit P4 TRUE COPY OF THE REPLY MAIL DATED 14-06-2021 Exhibit P5 TRUE COPY OF MAIL DATED 15-06-2021 Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 07-07-2021 SUBMITTED TO 3RD RESPONDENT Exhibit P7 TRUE COPY OF THE REPRESENTATIONS DATED 07-07-2021 SUBMITTED TO 4TH RESPONDENT. Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 07-07-2021 SUBMITTED TO 5TH RESPONDENT. Exhibit P9 TRUE COPY OF THE INTIMATION RECEIVED FROM THE 6[TH] RESPONDENT DATED 22.04.2019. Exhibit P10 TRUE COPY OF THE FEE STRUCTURE OF THE 6[TH] RESPONDENT FOR THE YEAR 2021-2022 RESPONDENT(S)EXHIBITS : Exhibit R6(1) TRUE COPY OF THE BALANCE SHEET FOR THE YEAR 2019 AND 2020 OF THE 6[TH] RESPONDENT'S SCHOOL. Annexure R2(a) TRUE COPY OF NOTIFICATION CBSE/SECYAFF/2020 DATED 17/4/2020..