High Court of KeralaSingle Judge2022-03-30Writ petitions dismissed; no mandatory fee-redu...

W.P.(C) Nos. 11410 of 2021 and 14518 of 2021 (and connected matters)

Case / Petition Number:WP(C) Nos. 11410 of 2021 and 14518 of 2021 (connected)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: The Hon'ble Mr. Justice Amit Rawal
Judgment Date: 2022-03-30
Court Decision / Holding: Writ petitions are sans merit and are accordingly dismissed. The court emphasized that while private unaided schools enjoy autonomy in fixing fees, the court cannot generally intervene to micromanage day-to-day fee-structures, especially in the absence of income disclosures and in light of the schools’ own reductions during the pandemic. It also acknowledged that relevant directives from Indian School, Jodhpur (2021) exist but would not automatically govern the 2021-2022 cycle. The matter regarding fee reductions for 2022-23 remains to be seen in light of evolving circumstances.
Final Disposition: Writ petitions dismissed; no mandatory fee-reduction direction issued; court recognizes school autonomy but emphasizes minimal interference in private school fee decisions.

Parties to the Case

Appellants / Petitioners

Jeeva George
Cherian C. George
Jaby Paul
Ceijo Thomas
Sanjeev Joseph Samuel
Remya Mohan
Nimmy Paul
Luxey Sony
Reshma Jose
Pradeep Koshy Abraham
Rajitha Saleem Padiyath
Thomas Murickan
Deepu Joy
Angel Mary Abraham
Singi Vargeese
Arun E
Maya Thomas
Sumesh Thilakan
Aneesh E
Lakshmi Rathish
Jacob Mathew
Vipin Eldo Kuruvilla
Thushara Menon
Vineeth Kumar
Manjusha E
Biji Arun
Jomon P.V Vargheese
Smitha Peter
Praseetha

Respondents

State of Kerala represented by Chief Secretary
Department of Education represented by its Secretary
Central Board of Secondary Education represented by its Chairman
Deputy Secretary and Regional Officer, CBSE
Deputy Director of Education, Ernakulam District
Global Public School, Thiruvaniyur, Chottanikkara

Legal Representation & Advocates

Counsels for Petitioners

• P. P. Biju
• John K. George
• U. Kabir
• T. V. Antu

Counsels for Respondents

• Sri. Nirmal S., SC, CBSE
• Kurian George Kannantanam (Sr.)
• Tony George Kannantanam

Case Synopsis & Summary

Two writ petitions were heard together: WP(C) No. 11410 of 2021 (and connected matters) filed by a large group of parents of wards studying in Global Public School, Thiruvaniyur, and other affiliated institutions, and WP(C) No. 14518 of 2021 filed by parents of students in Campion School, Edappally. The petitions sought a writ of mandamus directing the schools to grant a 15% reduction in fees for the academic years 2020-2021 and 2021-2022, with a further prayer for the schools to disclose expenditure for those years and for the CBSE and the Deputy Director of Education to ensure that only actual expenses are charged and that there is no profit. The petitions argued that COVID-induced income loss and increased online-education expenses made fee payment burdensome, and that schools should not profit during the pandemic. The court noted that the supremacy of school autonomy in fee fixation under unaided private schools is recognised by the Supreme Court in T.M.A Pai Foundation and Modern Dental College, and that the Indian School, Jodhpur decision directed a 15% reduction but in the context of that Court’s own facts. The Kerala High Court held that it cannot micromanage school fee structures, especially in the absence of income disclosures from petitioners, and that schools had already reduced fees in many instances. On this basis, the petitions were dismissed for lack of merit; the court clarified that the ratio from Indian School, Jodhpur would not automatically apply to 2021-2022.

Provisions of Law Cited

Constitution of India, Article 226

Legal Doctrines & Maxims

Autonomy of unaided private schools in fixing fees (T.M.A Pai Foundation v. State of Karnataka, 2002 (8) SCC 481)
Minimal interference by writ court in the administration and fee-structure decisions of private schools (as recognized in T.M.A Pai Foundation and Modern Dental College)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contended that the COVID-19 pandemic precipitated a sharp fall in income and increased online-education expenses, making full tuition-fee payment burdensome. They urged the Court to mandate a 15% fee reduction for 2020-2021 and 2021-2022 and to require the schools to disclose cost structures, with CBSE and the Deputy Director of Education ensuring that only actual expenditures are charged and no surplus/profit is earned by the schools. They relied on directions/observations in Indian School, Jodhpur and other judgments directing fee reductions during the pandemic.

Contentions of Respondents

The respondents argued for deference to the autonomy of unaided private schools in fixing fees under T.M.A Pai Foundation and Modern Dental College. They highlighted lack of income disclosures by petitioners, and that the Court should not micromanage day-to-day school operations or fee structures. They noted that the schools had already implemented fee reductions and instalment options; they cited the CBSE/State framework and prior judgments that private schools are primarily responsible for determining fees in light of pandemic disruptions.

Cited Precedents (6)

Case Name	Citation	Treatment	Explanation
Indian School, Jodhpur & ors. v. State of Rajasthan & Ors	Civil Appeal No.1724 of 2021	Positive	Directs 15% fee reduction to parents in the context of the pandemic as cited by the Court.
T.M.A Pai Foundation v. State of Karnataka	2002 (8) SCC 481	Positive	Authority recognizing autonomy of unaided private schools in administration, including fee fixation.
Modern Dental College and Research Centre and Others v. State of Madhya Pradesh and Others	(2016) 7 SCC 353	Positive	Reiterates autonomy/limits of writ intervention in private school fee matters.
W.P.(C) No.19023 of 2020	—	Mentioned Only	Exhibited judgment cited in support of related fee-reduction discourse; not expressly relied upon for direct directive in the present case.
W.P.(C) No.5028 of 2021	dated 9.4.2021	Positive	Delhi High Court directive permitting instalment payments in pandemic context; cited to illustrate possible instalment framework.
W.P.(C) No.7526 of 2020	dated 31.5.2021	Mentioned Only	Delhi High Court decision referenced in context of fee-related discussions; not treated as controlling in this case.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** ## **THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 30[TH] DAY OF MARCH 2022 / 9TH CHAITHRA, 1944 WP(C) NO. 11410 OF 2021** ## **PETITIONER/S:** 1 JEEVA GEORGE AGED 39 YEARS D/O.GEORGE VARGHESE, MARANKANDATHIL HOUSE, KIZHUMURY P.O., RAMAMANGALAM, ERNAKULAM DISTRICT. (PARENT OF ROZANNE MIRIAM GREGARY 3RD STANDARD). 2 CHERIAN C.GEORGE, AGED 39 YEARS S/O.C.C.GEORGE, CHELLIAMPURATH, RAMAMANGALAM P.O., RAMAMANGALAM, ERNAKULAM DISTRICT. (PARENT OF EWAN GEORGE CHERIAN/5TH STANDARD). 3 JABY PAUL, AGED 52 YEARS S/O.N.K.PAULOSE, NEDUMPURATH HOUSE, KUREEKAD P.O., ERNAKULAM DISTRICT. (PARENT OF AMITH NEDUMPURATH 5TH STANDARD). 4 CEEJO THOMAS, AGED 46 YEARS S/O.JOSE C.THOMAS, 10B STLVANIA, SKYLINE, LVY LEAGUE, THENGODU, EDACHERA, KAKKANAD, ERNAKULAM DISTRICT. (PARENT OF MEGHA CEEJO 7TH STANDARD, ANJALI CEEJO 2ND STANDARD, ADITI CEEJO 2ND STANDARD). 5 SANJEEV JOSEPH SAMUEL, AGED 46 YEARS APARTMENT NO.4C, GOOD EARTH HUES OF LIFE, MAVELIPURAM COLONY ZONE-2, KAKKANAD P.O., ERNAKULAM DISTRICT. (PARENT OF ELISA MARIAM SAMUEL 8TH STANDARD, ETHAN JOSEPH SAMUEL 5TH STANDARD). 6 REMYA MOHAN, AGED 33 YEARS D/O.K.R.MOHANDAS, VILLA NO.5 SOPHIA, SOLITAIRE, MANANTHADOM, PUTHENCRUZ P.O., ERNAKULAM DISTRICT. (PARENT OF AARON ALAPPAT, 6TH STANDARD). 7 NIMMY PAUL, AGED 44 YEARS D/O.PAUL N.P., NEDUPARAMBIL HOUSE, MEKKADAMBU P.O., ERNAKULAM DISTRICT. (PARENT OF CHRIS LEON ANTONY 10TH STANDARD, LSBEL SNEHA ANTONY 6TH STANDARD). 8 LUXEY SONY, AGED 41 YEARS W/O.SONY JOHN GEORGE, VARANATH HOUSE, KANJIRAMATTOM P.O., ERNAKULAM DISTRICT. (PARENT OF KESIYA ANN SONY 10TH STANDARD, ZERAH MARIYAM). **WP(C) NO. 11410 OF 2021 and conctd.** **2** 9 RESHMA JOSE, AGED 38 YEARS W/O.SNADIP JOHN, LAVENDER 15A, SKYLINE REVERDALE, PETTA, THRIPUNITHURA, ERNAKULAM DISTRICT. (PARENT OF TESSA SANDIP AND SOFIA SANDEEP). 10 PRADEEP KOSHY ABRAHAM, AGED 35 YEARS S/O.ABRAHAM KOSHY, KUNNATHETHU, FLAT NO.2-D, HILLPALACE MEADOWS, THRIPUNITHURA, ERNAKULAM DISTRICT. (PARENT OF MICHELLE ANN KOSHY 7TH STANDARD). 11 RAJITHA SALEEM PADIYATH, AGED 46 YEARS W/O.SIRAJ M.A., CORNELL 12B, SKYLINE LVY LEAGUE, EDACHIRA, KAKKANAD, ERNAKULAM DISTRICT. (PARENT OF FARZAN M.SIRAJ 10TH STANDARD, TAMANNA.M.SIRAJ 8TH STANDARD). 12 THOMAS MURICKAN, AGED 37 YEARS S/O.LATE M.T.DASAN, MURICKAN HOUSE, NEAR TATA HOSPITAL, CHOTTANIKKARA P.O., ERNAKULAM. (PARENT OF MICHELLE MARIA MURICKAN 5TH STANDARD, NICOLE MARIA MURICKAN 3RD STANDARD). 13 DEEPU JOY, AGED 38 YEARS W/O JOY THOMAS, ANAKUHIYIL HOUSE, KADUNGAMANGALAM P.O, THIRUVANKULAM, ERNAKULAM DISTRICT, (PARENT OF STEVE JOY DEEPU) 14 ANGEL MARY ABRAHAM, AGED 37 YEARS W/O AJAY B, KANJIRAZHIKAM, MARITHAZHAM P.O, KANJIRAMATTOM, VIA, ERNAKULAM DISTRICT, (PARENT OF NIHEL AJAY 6TH STANDARD) 15 SINGI VARGHESE, AGED 43 YEARS W/O FLEMIN, FERN ARISTOCRAT, NEAR SAROVARAM HOTEL, MARADU, ERNAKULAM DISTRICT (PARENT OF ARIA FLEMIN 7TH STANDARD, AHANAA FLEMIN 3RD STANDARD) 16 ARUN E, AGED 52 YEARS S/O P. HARISHIKESAN NAIR, SHIVAM 34/780-B, KANNANTHODATH ROAD, EDAPPAALLY P.O.ERNAKULAM DISTRICT, (PARENT OF BHADHRA A MENON 8TH STANDARD) **WP(C) NO. 11410 OF 2021 and conctd.** **3** 17 MAYA THOMAS, AGED 39 YEARS W/O BOBBY JOSE , VARAMBINAKAM HOUSE, PULICKAMALY P.O.ERNAKULAM DISTRICT (PARENT OF JOHAN BOBBY 6TH STANDARD) 18 SUMESH THILAKAN, AGED 37 YEARS S/O THILAKAM P.K, PADATHARATHUNDY HOUSE, EROOR P.O.THRIPUNITHURA, ERNAKULAM DISTRICT IPARENT OF ARYAN SUMESH 4TH STAANDARD) 19 ANEESH E, AGED 40 YEARS S/O VISWANATH E, FLAT NO 403, TOWER 3, NATIONAL EMPERESS GARDEN, VERNNALA, ERNAKULAM DISTRICT (PARENT OF ISHAAN ANEESH) 20 LAKSHMI RATHISH, AGED 38 YEARS W/O RATHISH SIVAKUMAR, 4F ASTER, RIVERDALE, SKYLINE, PETTA, THRIPUNITHURA, ERNAKULAM DISTRICT (PARENT OF THANU RATHISH 4TH STANDARD) 21 JACOB MATHEW, AGED 42 YEARS S/O MATHUKUTTY M.J, MANGALATH HOUSE, NORTH MAZHUVANNOOR, MANGALATHUNADA, ERNAKULAM DISTRICT (PARENT OF ANNGELINA MARIAM JACOB) 22 VIPIN ELDO KURUVILLA, AGED 39 YEARS S/O KURUVILLA, MADAPARAMBIL HOUSE, APPLE APPARTMENTS, THIRUVANKULAM P.O.ERNAKULAM DISTRICT (PARENT OF YOHAN V MADAPARAMBIL) 23 THUSHARA MENON, AGED 35 YEARS W/O GIRISHKUMAR P, PLAMTHOTTATHIL HOUSE, KANJIRAMATTOM P.O, ERNAKULAM DISTRICT (PARENT OF ABHINAND G MENON 4TH STANDARD) 24 VINEETH KUMAR, AGED 39 YEARS S/O T.SUKUMARAN, CHITHIRA, THAMARAKULANGARA, THRIPUNITHURA, ERNAKULAM DISTRICT (PARENT OF DIYA VINNETH 6TH STANDARD) ## **WP(C) NO. 11410 OF 2021 and conctd.** **4** 25 MANJUSHA E, AGED 36 YEARS W/O BREGOSH V.G, EDACHERIPARAMBIL HOUSE, ALAGAPPA NAGAR, THRISSUR DISTRICT (PARENT OF KANHA NILOFER 6TH STANDARD, ASHLEY PRINCE 4TH STANDARD) 26 BIJI ARUN, AGED 43 YEARS W/O ARUNKUMAR MOHANKUMAR, DREAMZ, PALACE SQUARE, MULAMTHURUTHY, ERNAKULAM DISTRICT (PARENT OF AASHISH ARUN 10TH STANDARD, AAYUSH ARUN 7TH STANDARD) 27 JOMON P.V VARGHESE., AGED 38 YEARS S/O P.V.VARGHESE, PAREPARAMBIL HOUSE, KANJRAMATTOM P.O.ERNAKULAM DISTRICT (PARENT OF JOVIAL ROSE JOMON 4TH STANDARD, JOELIN MARIA JOMON 2ND STANDARD) 28 P. JAYALAKSHMI, AGED 39 YEARS W/O JAYAN M 4C, NSD GRANCE, VANDIPETTA P.O, ERNAKULAM DISTRICT (PARENT OF J. NIDHARSHAN 6TH STANDARD. 29 SMITHA PETER, AGED 37 YEARS W/O BABU PETER, KENT ILLAM, 3FA, VENNALA P.O.ERNAKULAM (PARENT OF IVAN PETER PALAL 9TH STANDARD, ALAN PETER PALAL 7TH STANDARD ) 30 PRASEETHA, AGED 38 YEARS W/O SUBHASH MOHAN K, 7B MATTAMMAL APARTMENT, NORTH EROOR, ERNAKULAM (PARENT OF VASUDEVA KRISHNA K 9TH STANDARD, NANDANA KARAMABHAVAN 6TH STANDARD) BY ADVS. P.P.BIJU JOHN K.GEORGE U.KABIR T.V.ANTU ## **RESPONDENT/S:** 1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695001. ## **WP(C) NO. 11410 OF 2021 and conctd.** **5** 2 DERPARTMENT OF EDUCATION, REPRESENTED BY ITS SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 3 CENTRAL BOARD OF SECONDARY EDUCATION, EDUCATION, REPRESENTED BY ITSS CHAIRMAN (AN AUTONOMOUS ORGANIZATION OF HYMAN RESOURCES DEVELOPMENT) HEAD OFFICE NO 2 SHIKSHA KENDRA COMMUNITY CENTRE, PREET VIHAR, NEW DELHI 110 092. 4 DEPUTY SECRETARY AND REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, BLOCK B 2, FLOOR LIC DIVISIONAL OFFICE CAMPUS, PATTOM, THIRUVANANTHAPURAM-695 004. 5 DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM DISTRICT , CIVIL STATION KAKKANAD P.O.ERNAKULAM682 030 6 GLOBAL PUBLIC SCHOOL, THIRUVANIYUR P.O.CHOTTANIKKARA, ERNAKULAM DISTRICT-683 301, REPRESENTED BY PRINCIPAL BY ADVS. SRI.NIRMAL S., SC, CBSE SANTHOSH MATHEW GOVERNMENT PLEADER S.NIRMAL ARUN THOMAS JENNIS STEPHEN VIJAY V. PAUL KARTHIKA MARIA ANIL SEBASTIAN PULICKEL DIVYA SARA GEORGE JAISY ELZA JOE ABI BENNY AREECKAL LEAH RACHEL NINAN ## **OTHER PRESENT:** GP SRI JIMMY GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.03.2022, ALONG WITH WP(C).14518/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) NO. 11410 OF 2021 and conctd.** **6** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE AMIT RAWAL** **WEDNESDAY, THE 30[TH] DAY OF MARCH 2022 / 9TH CHAITHRA, 1944 WP(C) NO. 14518 OF 2021** ## **PETITIONER/S:** 1 MANOJ.P.D AGED 42 YEARS S/O DAVID, NJRA-188, EROOR VASUDEV ROAD, NORTH JANATHA, PALARIVATTOM, COCHIN-682 025 (PARENT OF BLESSIN P ROBET-4TH STANDARD). 2 SREEJITH P, AGED 44, S/O PRABHAKARAN, MANJUSHA, #113, DRASTHINGA ROAD NO.3, EDAPPALLY, KOCHI-682 024, (PARENT OF SOORYAJITH-8TH STANDARD & NIDHISTANDARD) 3 ASHA BEEVI, AGED 40 YEARS, W/O SHAJEE, ELAMBLASSERIYIL, DESHABHIMANI ROAD, KALOOR, ERNAKULAM-682 017, (PARENT OF SEIRA SHA MOHAMMED-7TH STANDARD). 4 SANDESH S, AGED 39 YEARS, S/O M.S SADANANDAN PATTARI, MRA-4, MANAKKAPPARAMBU ROAD, PONAKKARA, EDAPPALLY, ERNAKULAM-682 024, (PARENT OF AALOK.K.5TH STANDARD) 5 SONY BABY, AGED 45 YEARS, S/O K.P.BABY, PRA-99, S.C.B. CLUB ROAD, RAILANAGAR, EDAPPILLY, AIMS P.O.PIN-682 041, (PARENT OF STUDENT ANNA TREESA SONY-5TH STANDARD) **WP(C) NO. 11410 OF 2021 and conctd.** **7** 6 GEEMON MATHEW GEORGE AGED 39 YEARS, S/O GEORGE, PWRA-69, PALLIPARAMBIL HOUSE, H NO 35/2723, PERUMANATHAZHAM ROAD, AIMS P.O.PONEKKARA, KOCHI-682 041. (PARENT OF MILAN GEORGE GEEMON-4TH STANDARD) 7 AFSAL N.N, AGED 36 YEARS, S/O N.K NAZAR, NELLIKKAPPILLI (H), KEERTHI NAGAR, ELAMAAKKARAA, ERNAKULAM-682 026, (PARENT OF ASIF N.A-5TH STANDARD). 8 SMITHA REXON, AGED 42 YEARS, D/O THOMAS K.J, KALARIKKAL (H), CHIRAKKAKAM, VARAPUZHA P.O.ERNAKULAM-683 517 (PARENT OF STUDENTS- SEIRA REXON 6TH STANDARD & HANNAN REXON-2ND STANDARD) 9 TWINKLE MATHEW, AGED 37 YEARS, S/O MATHEW JOSEPH, KOOTTIYANICKAL HOUSE, 49/978-2, 1ST FLOOR, PRA-6, NEAR CAMPION SCHOOL, PONEKKARA, EDAPPAALLY, ERNAKULAM-682 024, (PARENT OF EDWIN TWINKLE, 3RD STANDARD, MELVIN TWINKLE 1ST STANDARD) 10 JINU RAJAN, AGED 37 YEARS, S/O RAJAN GEORGE, B4, BLOCK-A, BAHIYA EMPORIS, PONNINCHIRA ROAD, EDAPPAALLY, ERNAKULAM-682 024(PARENT OF NATHAN JINU-4TH STANDARD 11 PRINSON PAUL, AGED 44 YEARS, S/O PAULOSE K.I, KOLIYELIL (H) , KALLOORKAD, KALOOR P.O.MUVATTUPUZHAA, ERNAKULAM686 676, (PARENT OF (10 SHIKA PRINSON 5TH STANDARD 920 PRANAV PRINSON 7TH STANDARD) 12 SOUMYA NIXON, AGED 39 YEARS, S/O NIXON ANTONY, KOTTAKAL HOUSE, THURUTHI LANE, EDAYAPPURAM, ALUVA P.O.ERNAKULAM683 101, (PARENT OF (1) AIDEN NIXON 7TH STANDARD (2) ADWIN NIXON 3RD STANDARD ) **WP(C) NO. 11410 OF 2021 and conctd.** **8** 13 HAFSITHA SHAMEER, AGED 28 YEARS, W/O SHAMEER K.S, THARAYIL PARAMBU (H), MAMANGALAM, PALARIVATTOM P.O.COCHIN-682 025, (PARENT OF STUDENT-MUHAMMED YASEEN T.A 4TH STANDARD) 14 RESMHI SANTHOSH, AGED 33 YEARS, W/O SANTHOSH M, MULAYANI (H) KAYAPPALLY LANE, ELAMAKKARA, ERNAKULAM-682 026, (PARENT OF HIYA SANTHOSH-2ND STANDARD) 15 RENUKA NIBU, AGED 38 YEARS, W/O NIBU MOHANAN, NEDIYATTIL (H), NEDIYATTIL LANE NORTH, VENNALA, ERNAKULAM-682 028(PARNT OF NEERAV NIBU-2ND STANDARD) 16 FASILA M.N, AGED 36 YEARS, D/O M.A NAJUMUDHEEN , ALFANN MAHAL, VATTEKUNNAM, MUTTAR, EDAPPALLY, NORTH P.O.COCHIN682 024. (PARENT OF 1) MOHAMMED RAMZAN 5TH STANDARD 2) RAIZA FATHIMA 4TH STANDARD) 17 YASSIR M.A, AGED 41 YEARS, S/O M.K.ASHRAF, MATTAKOMBANAL HOUSE, NO 39/62D, KEERTHY NAGAR EXTENSION ROAD, EDAPPAALLY P.O.ERNAKULAM-682 024, (PARENT OF ZEBA YASSIR-7TH STANDARD) 18 SUDEEN M. MOIDEEN, AGED 38 YEARS, S/O E.M. MOIDEEN , EKKARAKKUDI HOUSE, KN/80, KEERTHI NAGAR, ELAMAKKARA P.O.COCHIN-682 026, (PARENT OF (10 AMAAN E.S 4TH STANDARD 92) EHSAAN E.S UKG. 19 MANOGE SEBASTIAN GEORGE, AGED 44 YEARS, D/P P.D GEORGE, 49/2029 G, BTS RRA 207, BTS BY-LANE 17, BTS ROAD, EDAPPALLY P.O. COCHIN-682 024, (PARENT OF ERIC GEORGE MANOG-7TH STANDARD) **WP(C) NO. 11410 OF 2021 and conctd.** **9** 20 SANA RAMEEZ, AGED 45 YEARS, W/O RAMEEZ MOOSA, 3E, PARLON APARTMENT, PALLACHIAM ENCLAVE, MAROTTICHODE ROAD, EDAPPALLY-682 024(PARENT OF10 REHAN RAMEEZ 9TH STANDARD 20 RIWAN RAMEEZ 5TH STANDARD) 21 JENON JACOB, AGED 37 YEARS, ANJILY (H), NEAR MARY MATHA SCHOOL, DESIYAMUKKU JUNCTION, VAZHAKKALA, ERNAKULAM-682 021, (PARENT OF 1) SHREYA JENIN-7TH STANDARD 2) DIYA JENIN-5TH STANDARD) 22 LAIJU GEORGE, AGED 42 YEARS, S/O V.A GEORGE, VARUMGAL (H), CHANGAMPUZHA ROAD, EDAPPALLY, ERNAKULAM-682 024(PARENT OF ARIMY V GEOGRE-6TH STANDARD ) 23 BIJIN K.B, AGED 41 YEARS, S/O K.V. BHUVANACHANDRAN, LAKSHMI NIVAS, KURUPPANPARAMBIL, CHANGAMPUZHA NAGAR P.O.UNICHIRA, KOCHI-682 033(PARENT OS SREERUDRAKSH-6TH STANDARD) 24 BOSCO PRINCE, AGED 43 YEARS, S/O MATHEW, UZHUNNUMKADU HOUSE, PONEKKARA, JAWAN CROSS ROAD, AIMS P.O.ERNAKULAM682 041, (PARENT OF ANGELINE MARGRET-7TH STANDARD) 25 MIRSON GEORGE, (DELETED) AGED 42 YEARS, S/O GEORGE N.O, NEDUNOOR HOUSE, PONEKKARA, PIN-682 041(PARENT OF 1) MESHLEN 7TH STANDARD (2) MESHIL-4TH STANDARD) 26 JOBIN MATHEW, AGED 35 YEARS, S/O MATHEW VARGHESE, THAKADIYAL (H), CHEMMANKULANGARA ROAD, EDAPPALLY, ERNAKULAM682 024 (PARENT OF JEFF NATTOO-UKG) 27 SWAPNESH P.B, AGED 48 YEARS, S/O BABU P.N, PUNARTHAM HOUSE, UNICHIRA, CHANGAMPUZHA NAGAR P.O.KOCHI-682 033, (PARENT OF (10 SWAROOP P, SWAPNESH 7TH STANDARD 2) GAURI PARVATHY P SWAPNESH 2ND STANDARD) **WP(C) NO. 11410 OF 2021 and conctd.** ## **10** 28 SIBIN K.J, (DELETED) AGED 38 YEARS, S/O STANLEY, KOTTUPARAMBIL (H), KUNNUMPURAM P.O.EDAPPALLY NORTH, ERNAKULAM DISTRICT-682 024 (PARENT OF JOAN METTILDA-4TH STANDARD). - 29 RIJU ASEES, AGED 34 YEARS, S/O ABDUL ASEES, ARAKKAL HOUSE, THALIKULAM P.O.THRISSUR-680 561(PARENT OF YAMIN HADI-2ND STANDARD) 30 PREETHI SIJO, AGED 35 YEARS, W/O SIJO E.J, ELAVUNKAL (H) ST.JOHN BAPTIST CHURCH ROAD, PALARIVATTOM P.O.PALLINADA, ERNAKULAM-682 025, (PARENT OF (1) SNEBA SIJO XTH STANDARD (2) SNIHA SNIHA SIJO 1ST STANDARD) 31 SUMAYYA K.M, AGED 35 YEARS, D/O K.A MUHAMMED, KAIPPILLIL HOUSE, L.F.C ROAD, KALOOR, COCHIN-682 017(PARENT OF MUHAMMED RAYYAN P.R-2ND STANDARD) 32 PRADEEP P.K, AGED 44 YEARS, S/O KARUPPAN P, PUTHAN VEETTIL, AKALUR P.O.PALAKKAD, NOW RESIDING AT TRA 119, 1ST FLOOR, THANIKKAL VELICHENNA PARAMBU LANE, ELAMAKKARA P.O.ERNAKULAM-682 026 (PARENT OF BHAVIN P -7TH STANDARD) 33 P.V.BAJU, AGED 51 YEARS, S/O VISWAMBARAN, PULIMOOTTIL HOUSE, P.J. ANTONY ROAD (PIRA 176) PANNATOM, EDAPPAALLY P.O, KOCHI-682 024(PARENT OF AKSHAYA BAJU-X11TH STANDARD) 34 NIMYA A.R, AGED 31 YEARS, W/O NIRMAL KUMAR K.U, KRISHNA NOIVAS, MEKKERIPARAMBIL, KAIMATHU LANE, VATTEKUNNAM, EDAPPALLY NORTH P.O.KOCHI-682 024, (PARENT OF NIRVEDH K.N, 2ND STANDARD) **WP(C) NO. 11410 OF 2021 and conctd.** **11** (PETITIONERS 25 & 28 ARE DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 2-12-2021 IN IA 2/2021 IN WP(C) 14518/2021) BY ADVS. P.P.BIJU S.R.SREEJITH JOHN K.GEORGE KABIR U. T.V.ANTU ## **RESPONDENT/S:** 1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, OFFICE OF CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 THE DIRECTOR OF GENERAL EDUCATION, OFFICE OF DIRECTOR OF GENERAL EDUCATION, DEPARTMENT OF GENERAL EDUCATION, HJAGATHI, THIRUVANANTHAPURAM-695 014. 3 CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY ITS CHAIRMAN (AN AUTONOMOUS ORGANIZATION OF HUMAN RESOURCES DEVELOPMENT) HEAD OFFICE NO 2 SHIKSHA KENDRA COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 092. 4 DEPUTY SECRETARY AND REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCTION, BLOCK-B 2ND FLOOR, LIC DIVISIONAL OFFICE CAMPUS, PATTOM, THIRUVANANTHAPURAM-695 004. 5 DEPUTY DIRECTOR OF EDUCATION ERNAKULAM DISTRICT, CIVIL STATION, KAKKANAD P.O.ERNAKULAM-682 030. ## **WP(C) NO. 11410 OF 2021 and conctd.** **12** 6 CAMPION SCHOOL, REPRESENTED BY PRINCIPAL, MAHATMA ROAD, PONEKKARA, EDAPPALLY, ERNAKULAM-682 024. 7 MR. K.V.THOMAS, KOCHU KARIPARAMBIL (H), EDAPPALLY, ERNAKULAM-682 024, DIRECTOR, CAMPION SCHOOL, MAHATMA ROAD, PONEKKARA, EDAPPAALLY, ERNAKULAM-682 024. 8 DR. LEELAMMA THOMAS, DEAN, CAMPION SCHOOL, MAHATMA ROAD, PONEKKARA, EDAPPALLY, ERNAKULAM-682 024. BY ADVS. SRI.NIRMAL S., SC, CBSE KURIAN GEORGE KANNANTHANAM (SR.) TONY GEORGE KANNANTHANAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.03.2022, ALONG WITH WP(C).11410/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) NO. 11410 OF 2021 and conctd.** **13** ## **JUDGMENT** This order of mine shall dispose of two writ petitions preferred by the parents of the wards, who is studying in two different schools ie., Global Public School, Thiruvaniyur, Chottanikkara and Campion School, Ponekkara, Edappally, Ernakulam seeking a writ of mandamus directing the school to grant reduction of fees to minimum of 15% for the academic year 2020-2021 and 2021-2022 with a further prayer of directing the schools to file statement regarding the expenditure incurred for the academic year 2020-2021 and proposed 2021-2022 as well as to Deputy Secretary and Regional Officer, CBSE and Deputy Director of Education to ensure that the private school defray only actual expenses and to make sure that the school should not charge any surplus or profitable amount. 2. The gist of both the writ petitions are that the petitioners are the parents of the students studying in different standards and owing to the COVID pandemic there has been a shortfall of the income and salaries and thus unable to pay the tuition fees in time. They are also constrained to spend more expenses for making alternative arrangements for the children to attend the ## **WP(C) NO. 11410 OF 2021 and conctd.** ## **14** online classes. Schools cannot indulge into a profiting by charging the entire fees in the pandemic situation. ## 3 . Supreme Court in _**Indian School, Jodhpur & ors. V. State of Rajasthan & Ors in Civil Appeal No.1724 of 2021**_ directed the schools to provide 15% of fees reduction to the parents. Most of the schools have already expressed willingness to reduce the fees. Reliance has been laid to one of the schools called 'Choice School' whereby notice dated 10.5.2021 has been issued granting the parents 75% of reduction with regard to the annual fee for the academic year 2021-2022. In support of the contention, judgment of this Court in W.P.(C) No.19023 of 2020 and various other writ petitions have been relied upon wherein the fees structure proposed by the school after reduction had been approved. Directions have been issued to concerned school to look into the fee structure as to whether it commensurate with the situation of COVID pandemic as well as the fact that no physical classes are being undertaken. Regular classes for children have not commenced and even third wave erupted at the fag end of 2020-2021, when efforts were being made to allow the students to attend the classes physically, it was deferred on account of the aforementioned fact. **WP(C) NO. 11410 OF 2021 and conctd.** ## **15** 4. On the other hand, Mr. Santhosh Mathew, learned counsel for the respondent school opposed the aforementioned prayer by raising objection that none of the parents have disclosed their income, vocation or business etc., particularly, few of the parents are stated to be working abroad. But in the absence of any particulars of the income the general directions as sought through intervention of this Court cannot be passed. In _**T.M.A, Pai Foundation v. State of Karnataka 2002 (8) SCC 481**_ , it has been held that “in the case of unaided private schools, maximum autonomy has to be with the management with regard to administration including the right of appointment, disciplinary powers, admission of students and the fees to be charged”. In Modern Dental College and Research Centre and Others v. State of Madhya Pradesh and Others (2016) 7 SCC 353, the same position was reiterated. The School owing to the imposition of the lock down had given a concession on charging of the annual fee of Rs.16,000/-, Rs.10,000/- for the academic year 2020-21 and also proposal was brought forth i.e. an instalment payment option to parents to pay the fees. School has not charged any fee for transport, day boarding, hostel or catering. School has also reduced an amount of Rs.8,500/- for **WP(C) NO. 11410 OF 2021 and conctd.** ## **16** the classes 10 to 12, which was charged for food, coaching in extra-curricular activities, extra classes etc. There was also a proportionate reduction of 25% in transport fee, hostel fee and day boarding fee for the month of March 2020. In addition to work for the academic year 2021-22 there had been further reduction of the fees to Rs.5,000/- as against Rs.16,000/- which was payable in 2019-2020, an overall reduction of Rs.11000 in the annual fees. 5. There has been an attempt to mislead this Court as few of the parents had preferred a writ petition through the counsel representing the petitioners herein in W.P.(C) No.5028 of 2021. On 9.4.2021, this Court had issued a direction to the school to allow the parents therein, considering the income to pay the balance fee for the academic year 2020-21, whose children are studying in 9[th] and 2[nd] standard respectively, in 10 equal monthly instalments commencing from 15.5.2021. It was also held by the court that the said direction was confined only to the academic year 2020-21 and the petitioners therein were directed to remit the fee for the year 2021-22 as and when directed by the school, Ext.R6(3). Six petitioners in the W.P.(C) No.11410 of 2021 have already approached the school for ## **WP(C) NO. 11410 OF 2021 and conctd.** ## **17** availing the instalment facility for the academic year 2020-2021. The ratio of decidendi culled out in the judgment of the Supreme Court in _**Indian School, Jodhpur & ors. (supra),**_ will not affect the collection of fees for the academic year 2021-2022 as the students were directed to pay as and when it had become due/payable and urged this Court for dismissal of the writ petition. 6. The scope of interference of writ court under Article 226 of the Constitution of India commanding the schools to reduce the fee structure should be minimum and cannot assume the role of an administrator and probe into the day to day functioning of the school by taking into consideration parameters like school building, faculty, maintenance, staff, garden, electricity, water charges etc. The role of the petitioners have been abysmal in as much as that they have not attempted to disclose the income, vocation, profession etc. In the absence of the same, this Court has been deprived as to whether they have been able to cope up with the expenditure of their wards admitted in a prestigious schools providing first class service and education. Reply of the respondents regarding the reduction of fees for the academic year 2020-21 and 2021-22 and in not charging certain expenses **WP(C) NO. 11410 OF 2021 and conctd.** ## **18** under the different heads have not been refuted either by way of reply or argument. It is appreciated that the school had already reduced the fees without intervention of any authority or this Court. As per the contention of the counsel representing the Central Board of Secondary Education that there was no role for monitoring or probing the fee structure of the school. In the judgment of the Supreme Court in _**T.M.A, Pai Foundation v. State of Karnataka**_ it was specifically mentioned that in the case of unaided schools an autonomy has been given to the management for fixing the fees. Much emphasis has been relied upon in the judgment of this Court,Ext.P2, which was as per the circumstances of the case and the fee structures submitted by them was approved by this Court. The Court cannot sit in the arm chair of the decision making authority of the school in arriving at a particular figure of charging the fees under various heads. It is a matter of record that only few parents have come forward for opting for payment of the fees by way of instalments despite that the school has not taken any stringent action against the students. For the academic year 2022-23 physical classes have started. Even for online classes would have to incur expenditures for keeping it open for the teachers who would ## **WP(C) NO. 11410 OF 2021 and conctd.** **==> picture [15 x 9] intentionally omitted <==** take the classes online, for that, the usage of power, water and other attendant staff is inevitable. For the reasons aforementioned, I am of the view that the direction as sought for cannot be granted. Writ petitions sans merit and are accordingly dismissed. SD/- ## **sab** **AMIT RAWAL JUDGE** ## **WP(C) NO. 11410 OF 2021 and conctd.** ## **20** ## **APPENDIX OF WP(C) 14518/2021** PETITIONER EXHIBITS - Exhibit P1 - TRUE COPY OF THE IDENTITY CARDS OF THE SOME CHILDREN OF THE PETITIONER - Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 9.2.201 IN WPC NO 19023/2020 OF THIS HONBLE COURT Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED . 7.2021 SENT BY THE PETITIONERS THOUGHT EMAIL TO THE 6TH RESPONDENT - Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED NIL SUBMITTED BY THE PETITIONERS TO THE 3RD RESPONDENT - Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED NIL SUBMITTED BY THE PETITIONERS TO THE 4TH RESPONDENT Exhibit P6 TRUE COPY OF THE NOTICE DATED 10.5.2021 ISSUED BY THE PRESIDENT, CHOICE FOUNDATION CHOICE SCHOOL THRIPUNITHURA Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 9.7.2021 SENT BY THE PETITIONERS TO THE CHIEF MINISTER OF KERALA **21** ## **WP(C) NO. 11410 OF 2021 and conctd.** **ANNEXURE R3(a)** |**R6(a):**|**COPY OF THE STATEMENT TOTAL FEE DUES FOR THE**| |---|---| ||**YEAR 2020-21**| |**R6(b)**|**COPY OF THE COMPARATIVE CHART SHOWING THE**| ||**RELATIVE FEES PAYABLE IN 2019-20, 2020-21,**| ||**2021-22**| **WP(C) NO. 11410 OF 2021 and conctd.** **22** ## **APPENDIX OF WP(C) 11410/2021** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE IDENITY CARDS OF THE PETITIONERS CHILDREN. TRUE COPY OF THE JUDGMENT DATED 9.2.2021 Exhibit P2 IN W.P.(C) No.19023 of 2020 OF THIS HON'BLE COURT. Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 11.5.2021 SENT BY THE 1ST PETITIONER THROUGH EMAIL TO THE RESPONDENTS NO S 1, 2 AND 6 Exhibit P4 TRUE COPY OF THE NOTICE DATED 10.5.2021 ISSUED BY THE PRESIDENT, CHOICE, FOUNDATION, CHOISE SCHOOL, THRIPUNITHURA. ## RESPONDENTS EXHIBITS: R6(1) TRUE COPY OF THE CERTIFICATE DATED 1.4.2013 ISSUED BY NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTION ISSUED IN FAVOUR OF THE 6TH RESPONDENT R6(2) TRUE COPYOF THE CIRCULAR DATED 14.5.2021 ISSUED BY THE 6TH RESPONDENT TO THE PARENTS OF THE STUDENTS R6(3) TRUE COPY OF THE JUDGMENT IN W.P.(C) 5028 OF 2021 DATED 9.4.2021 OF THIS HON'BLE COURT R6(4) TRUE COPY OF THE DETAILS OF THE FEE PAID BY THE PETITIONERS FOR THE ACADEMIC YEAR 2020-21. R6(5) TRUE COPY OF THE DETAILED TABLE COMPUTING THE TOTAL SAVINGS OF EACH PETITIONER WITH RESPECT TO THEIR CHILDREN UNDER THE ABOVE MENTIONED HEADS FOR THE ACADEMIC YEAR 2021-2022. ## **WP(C) NO. 11410 OF 2021 and conctd.** **23** R6(6) TRUE COPY OF THE JUDGMENT IN W.P.(C) 7526 OF 2020 DATED 31.5.2021 OF THE HIGH COURT OF DELHI AT NEW DELHI R6(8) TRUE COPY OF THE FEE STRUCTURE FOR THE ACADEMIC YEAR 201920, 2020-21 AND 2021-22 OF THE 6TH RESPONDENT SCHOOL. R4(A) TRUE COPY OF NOTIFICATION CBSE/SECYAFF/2020 DATED 17.4.2020