Partly allowed

N Vasu v. Union of India

Karnataka HC3 Mar 2023WP/3189/2023

Case brief

AI extract

What is this about?

Petitioners sought a writ of mandamus against a recognized school for refusing to admit children to classes and examinations due to non-payment of fees despite partial payments and technical glitches. The Court partially allowed the petition, directing the school to accept fees, permit examinations, and issue transfer certificates.

What did the court decide?

Directed the school to accept fees and arrears, permit students to appear for examinations, issue admission cards, and grant transfer certificates upon payment of prescribed amounts.

N Vasu Vs Union of India — Education and Admissions | Karnataka HC (2023)

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WP No. 3189 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF MARCH, 2023 BEFORE

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THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.3189 OF 2023 (EDN-RES)

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BETWEEN:

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N VASU S/O LATE NARAYANAPPA AGED ABOUT 45 YEARS R/A NO 13,

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NEAR NANNESHAWARA TEMPLE ROAD TAMMADAGERI, HINKAL, MYSURU 570 030 STUDENT DILAKSH V GOWDA CLASS 8^TH STANDARD

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Digitally signed by V KRISHNA Location: HIGH COURT OF KARNATAKA

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B SIDDEGOWDA S/O LATE BOREGOWDA AGED ABOUT 47 YEARS R/A NO 1508 VINAYAKA TEMPLE ROAD SAHUKARA CHANYA MAIN ROAD BOOK OF BARODA NIYAR JANATHA NAGARA MYSURU - 570-026 STUDENT SHRAVANA S GOWDA CLASS 9TH STANDARD, A SECTION PHONE NO 9945616423

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SHIVAKUMAR M S S/O SHAMBUGOWDA M B AGED ABOUT 42 R/A NO 970 GANAPATHI TEMPLE MAIN ROAD, OPP NIRMITHI KENDRA BUS STOP, BOGADI 2^ND STAGE NORTH,

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WP No. 3189 of 2023

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MYSURU – 570 026 STUDENT M S MOURYA CLASS 9^TH B SECTION PHONE NO 9591779177

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RAVIKUMAR T P S/O T K PRASANNATA AGED ABOUT 47 YEARS, R/A NO 126, NEAR NIRMITHI KENDRA BOGADI 2^ND STAGE (NORTH) MYSORE 570026 STUDENT JYESHTHA R THORENOOR CLASS 6TH STANDARD, A SECTION PHONE NO 9986443356

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T M DHANANJEGOWDA S/O T N MUNIYAPPAGOWDA, AGED ABOUT 47 YEARS, R/A NO 855/A,,BOGADI VILLAGE MYSORE 570026 STUDENT PAREEKSHA D CLASS 4TH STANDARD, B SECTION PHONE NO 9071150087

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JYOTHI LAKSHMI W/O RAGHAVENDRA PRASAD M L, AGED ABOUT 40 YEARS, R/A NO 181, 10^th MAIN ROAD, E BLOCK, VIJAYANAGAR, 3^RD STAGE, MYSORE 570017 STUDENT TANYA RAGHAVENDRA CLASS 6TH STANDARD, A SECTION PHONE NO 9901604106

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RAGHU B C S/O CHIKKANNA, AGED ABOUT 42 YEARS, R/A NO 464, 4^TH CROSS, BOGADI VILLAGE, MYSORE 570026 STUDENT CHIRANTHAN GOWDA B R CLASS 3RD STANDARD, A SECTION PHONE NO 9481815553

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SRIKANTH S S/O SOMEGOWDA J, AGED ABOUT 37 YEARS R/A NO 11651/A, VIJAYANAGAR 4TH STAGE, SANKALP+- APARTMENT, MYSORE 570026 STUDENT GOWTHAM GOWDA S CLASS 8TH STANDARD, A SECTION PHONE NO 968605858 9. CHELUVE GOWDA C S/O LATE CHENNE GOWDA AGED ABOUT 60 YEARS R/A NO 9764 NEAR MARIMALLAPPA COMPUND, VIJAYANAGAR, 4^TH STAGE NEAR RADIANT HOSPITAL MYSORE 570 032 STUDENT SAMARTH C CLASS 6TH B SECTION PHONE NO 8197367676

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N SATHISHA S/O DODDEGOWDA, AGED ABOUT 41 YEARS, R/A NO 358, 12 CROSS, A1 BLOCK VIJAYANAGAR 3^RD STAGE NEAR RADIANT HOSPITAL MYSORE 570 030 STUDENT SUMUKH GOWDA H S CLASS 5TH STANDARD, D SECTION PHONE NO 9945216796

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SUNDAR S S/O LATE SIDDALINGAIAH AGED ABOUT 39 YEARS, R/A NO 804, 4^TH MAIN, 10^TH CROSS, BEHIND PANDURANGA TEMPLE MAHADESHWARA BADAVANE MYSURU 570016

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STUDENT DEEKSHA MOURYA CLASS 5^TH STANDARD, C SECTION PHONE NO 8660437059

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MR SOMASHEKAR T S/O THIMMAPPA, AGED ABOUT 39 YEARS, R/A NO 80, SIDDALINGESWARA NAGARA, BOGADI 2^ND STAGE, MYSORE 570026 STUDENT KHUSHAL S SHEKAR CLASS 6TH STANDARD, C SECTION PHONE NO 9535737449

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MR SHARATH KUMAR H C S/O CHIKKA BOREGOWDA H S, AGED ABOUT 39 YEARS, DOOR NO 4/1A, 1ST MAIN, VINAYAKA NAGARA, MYSORE 570012 STUDENT SAMVED S CLASS 3^RD STANDARD, B SECTION PHONE NO 8073159758

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MR PRADEEP KUMAR K.S S/O K.L.SHIVALIANGAIAH AGED ABOUT 45 YEAR, R/A NO 335, A1 BLOCK 11^TH CROSS, 3^RD MAIN ROAD VIJAYA NAGAR, 3^RD STAGE, MYSORE 570017 STUDENT VEEKSHA P GOWDA CLASS 6^TH STANDARD, C SECTION PHONE NO 8497082446

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MR SIDDESH NAYAKA S/O LATE SHIVALINGA NAIK, AGED ABOUT 46 YEARS, R/A NO 21/5 GREEN HOME LAYOUT GADDIGE ROAD, MADAGAHALLI OPP IOCL PETROL BUNK MYSURU 570 027 STUDENT PRAGNA NAYAKA

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WP No. 3189 of 2023

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CLASS 7^TH STANDARD, C SECTION PHONE NO 7348856554

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…PETITIONERS (BY SRI. DILRAJ JUDE ROHIT SEQUEIRA.,ADVOCATE)

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AND:

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UNION OF INDIA REP BY THE MINISTRY OF HUMAN RESOURCES, NO 01, WEST BLOCK, RAMA KRISHNA PURAM, NEW DELHI, DELHI 110066

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DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS MYSORE DIVISION, JDA OFFICE COMPOUND J.L.B.ROAD, RAMASWAMY CIRCLE MYSORE 570005

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THE PRINCIPAL ROYAL CONCORDE INTERNATIONAL SCHOOL, BOGADI, 2ND STAGE, MYSURU 570026

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CENTRAL BOARD OF SECONDARY EDUCATION SHIKSHA KENDRA, NO 02, COMMUNITY CENTRE PREET VIHAR DELHI 110092 [email protected]

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… RESPONDENTS (BY SRI.SHANTHIBHUSHAN D.Y., SOLICITOR GENERAL OF INDIA FOR R-1; SMT.PRAMODHINI KISHAN, ADVOCATE FOR R- 2; SRI RAJESHWARA P.N., ADVOCATE FOR R-3; SRI M.R.SHAILENDRA, ADVOCATE FOR R-4)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 O FHTE CONSTITUTION OF INDIA PRAYING TO DIRECTION OR ORDER TO THE R3 TO ADMIT THE CHILDREN OF THE PETITIONER TO THE RESPECTIVE CLASSES AND PERMIT THEM TO ATTEND THE CLASSES.

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WP No. 3189 of 2023

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Heard learned counsel Mr. Dilraj Judge Rohit Sequeira for petitioner, Sri Shanthi Bhushan, learned Solicitor General of India for respondent No.1, Smt. Pramodhini Kishan, learned AGA for respondent No.2, learned counsel Sri Rajeshwara.P.N., for respondent No.3 and learned counsel Sri M.R. Shailendra, for respondent No.4.

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Petitioner are parents of the students studying in the school run by the respondent No.3 since 2022, are before this Court aggrieved by the action of the respondent No.3 – School in not permitting the children of the petitioners of different classes to attend classes for non-payment annual fee and other fee prescribed by the respondent No.3 – School and have sought for the following reliefs:

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“a. Respondent No. 03 to admit the children of the petitioner to the respective classes and permit them to attend the classes

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b. Direct the respondent No. 03 to accept the fee from the petitioners

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as prescribed by the management which had announced the fee for the academical year.

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c. To direct the respondent No.3 to allow the children of the petitioners to attend the examination to be conducted for the academic year 2022-2023.

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d. Direct the respondent No. 03 to issue the transfer certificate on completion of the academic year 2022-2023.

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e. Direct the respondents No. 03 restrain from collecting any fine from the petitioners for nonpayment of the fees which was not deliberate act by them.

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f. Grant such other relief/reliefs as this Hon’ble Court deems fit in the facts and circumstances of the case, to meet the ends of justice and equity.

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It is the case of the petitioners that the respondent

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No.3 – School had provided four installments for payment of

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the fees and some of the parents of the students have paid fee

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through cheques as well as cash and the same was received by the respondent No.3 – School. It is the case of the petitioners that for the academic year 2022-23 fee structure of the students was raised by the respondent No.3 – School. Fee was collected in different ranges as per the Circular dated 31.05.2022 issued by the respondent No.3 – School for the students of 1^st to 5^th Standard in a sum of Rs.60,500 and for 6^th to 9^th Standard Rs.71,000/-.

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It is the case of the petitioners that due to the change of fee structure some of the students, who are children of the petitioners herein, could not make payment of present fee and also did not pay arrears of fees. Since payment was not made respondent No.3 – School did not permit the children of the petitioners to attend the school and were made to stand outside the school gate.

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It is the case of the petitioner that a “drop out” notice was issued on 27.09.2022 stating that they cannot continue with the student for Term-2 for non payment of fees for the academic year 2022-23 and the another notice issued on 05.01.2023 stating that they are not permitting the children

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to enter the school campus and they are not allowed to take classes or to take the upcoming assessments. Further, the Management of the respondent No.3 – School has imposed a fine of Rs.100/- per day for non-payment of fees for the academic year 2022-23.

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It is the case of the petitioners that in this regard there was some scuffle between the petitioners, who are parents of some of the children and school authorities. Due to which FIR was registered against the petitioners in PCR No.267/2022, which is pending on the file of the JMFC 3^rd Court at Mysuru. Petitioners do not accept and admit the allegations made in the FIR, however, the same is subject matter before the JMFC 3^rd Court at Mysuru. No doubt, the fact remains that the respondent No.3 – School is not permitting the children of the petitioners to attend the classes for non payment of fees. Therefore, petitioners are before this Court seeking the aforesaid reliefs.

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It is not in dispute that the petitioners, are parents of the children mentioned in the petition had paid fee for the academic year and were admitted to the respondent No.3 –

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School did not get education on the issue of non-payment of fees for the academic year 2021-23 and arrears of fees, which led to scuffle leading to the filing of FIR and registration of the case against the parents of the children, who are petitioners herein.

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It is the case of the petitioners that they are now willing to pay the annual fee including tuition fee to the respondent No.3 – School and if they are permitted to take up examination scheduled to commence from 06.03.2023. It is

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the contention of the learned counsel for petitioners that some of the students had made payment of fee as sought for by the respondent No.3 – School as per the installment given by them in the pattern as assigned. But to their surprise and shock, now the respondent No.3 – School is refusing to accept the fees and returned the payments so made. Therefore, learned counsel for petitioners contented that they are ready to make payment of fees as per the installment prescribed by the respondent No.3 – School and in some cases they have not accepted the same and reversed the fee paid, but for the aforesaid reasons the petitioners cannot be found fault for non-payment. In view of

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the above, even the petitioners are not at all liable to pay the late fee of Rs.100/- per day for non-payment of fee.

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It is the contention of the learned counsel for petitioners that out of 15 petitioners, whose children are studying in the respondent No.3 – School, the child of petitioner No.12 is not inclined to continue his education with the school and he wants to move to another school by taking transfer certificate to continue his studies in another school by taking examination in the school in which he wishes to opt. All other petitioners, apart from petitioner No.12, are now ready and willing to make payment to continue with the respondent No.3 – School for the present academic year 2022-23.

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It is submitted by the learned counsel for respondent No.3 – School that Petitioner No.15 has already made good the payment of fee as sought for by them and child of that petitioner is permitted to attend the classes and also to take up examination and in that regard the respondent No.3 – School has to issue Admission Card / Hall Tickets for the ensuing examination for 7^th Standard.

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Learned counsel for the petitioners further contends that respondent No.3 – School is provided recognition with the preliminary object of imparting education and it cannot be the object to only collect fee and thereafter refuse to provide education, it is not the principles to be followed by the respondent No.3 – School. He further contends that every student is guaranteed with the elementary education as provided under the of the RTE Act. He further contends that students are deprived of attending the school and have already lost previous syllabus/portion of education for their respective classes and are in a critical stage of elementary school and it is necessary that every student secures right of education. He further contends that it is condemnable on the part of the respondent No.3 – School to ill-treat every child, who is studying their elementary education.

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On these grounds the learned counsel for petitioners contend that the act of the respondent No.3 – School in not permitting the children of the petitioners to attend the classes and take up the examination, which they denied, is in violation of Articles 14 and 21-A of the Constitution of India. Hence, they have approached this Court by way of filing this

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writ petition seeking to provide an opportunity to make payment of fees including arrears, allow the children of the petitioners to attend the ensuing examinations and other such reliefs.

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Per contra, learned counsel for respondent No.3 – School contends that they have filed detailed statement of objections to the writ petition. He further contends that they are not disputing the fact that the children of the petitioners are admitted to their school and in view of non-payment of fee for the academic year 2022-23, despite there being arrears of payment of fee for the previous years, the respondent No.3 – School has permitted all the children to attend the school and the education was imparted to them.

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Learned counsel for respondent No.3 – School further contends that the students have not even paid the registration fee, which is to be collected every year and due to the non-payment of fee, the names of such students were not updated in Student Achievement Tracking System (SATS), a software maintained, regulated and controlled by the State Government.

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Learned counsel for respondent No.3- School

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further contends that petitioners, who are parents of the students studying in respondent No.3 – School, had acted detrimental to the interest of the petitioners themselves and also to the school. They have also violated the Rules the Regulations of the school primarily by not making payment of fee and thereafter by vandalizing the school properties, including CCTV Cameras and other important school properties, which created an unholy atmosphere, casting negative effect on other students, who have legally paid fee and are pursuing their education.

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Learned counsel for respondent No.3-School further contends that the students having not paid the fee are permitted to continue in the school for a period of three months of grace period, which was provided under Rule 10 of the RTE Act. As per Rule 12 of the RTE Act, whereas there is an extension provided of three months period from the starting of the academic year. He further contends that academic year starts from 01.06.2022 and the students have to pay requisite fee. In view of non-payment of requisite fee they were not permitted to attend classes, this is as per the Rules and

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Regulations and hence there is no fault on behalf of respondent No.3 – School.

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Learned counsel for respondent No.3- School

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further contends that they have got issued a notice to each of the students for making payment of the fee, failing which they are not permitted to attend the classes and if they intend to take transfer certificate they have to approach the school and make arrears of payment and collect the transfer certificate. Despite such notice, the children of the petitioners have not approached the school for payment of fee or for collection of transfer certificate prior to approaching this Court by way of this writ petition.

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Learned counsel for respondent No.3- School further contends that the petitioners had approached the School and behaved in an antagonistic manner violating Rules and Regulations of the school, causing illegalities and recklessness and also detrimental to the interest of the children as well as school. Further the petitioners have damaged the property of the school. Therefore, respondent No.3 –School has already initiated criminal proceedings by filing complaint and in furtherance of the same FIR came to be registered against the

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petitioners. Hence, respondent No.3 – School has already imposed fine ‘School property damage charges’ in a sum of Rs.16,000/- to be recovered from each of the students, who are parents herein, as per Annexure-R14 produced along with statement of objections.

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Having heard the learned counsel for petitioners and respondents, the sum and substance of the case is that the students of the respondent No.3 – School are restrained from attending classes and taking up examination for non-payment of fee for the academic year 2022-23 and also for non payment of arrears of fee as mentioned by the respondent No.3 – School vide Annexure-R14 to statement of objections.

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During the course of arguments learned counsel for petitioners on instructions from the petitioners submits that the parents of the students, who are petitioners before this Court, wherein Petitioner Nos.12 is willing to make payment of necessary fee as sought for by the respondent No.3 – School as per Anenxure-R14 of statement of objections.

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It is also stated by the petitioners that Petitioner No.15 had made good entire fee and which is received by the respondent No.3 – School for the present academic year and

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they would issue necessary Admission Card / Hall Tickets to him for the ensuing examination. With regard to student/word of petitioner No.12, it is contended by the learned counsel for petitioners that he does not intend to pursue his studies in respondent No.3 – School as he is not interested to take transfer certificate and move to some other school and pursue his education else where. The submission of the learned counsel for petitioners is worth consideration before this Court and respondent No.3 – School to accept the fee to be made by the petitioner Nos.12 and 15.

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The other contention raised by the learned counsel for respondent No.3 – School with regard to payment of damages by the parents of the students, who are petitioners herein allegedly having damaged the property of the school, same is subject matter of dispute in criminal proceedings filed by the respondent No.3 – School, which is pending adjudication before the JMFC Court at Mysuru in PCR No.367/2022. This Court would not want to delve into the allegations and counter allegations made by the parties, as this is not the Forum to decide the damages and it is not the subject matter to decide and so also evidentiary value has to be placed and trial Court

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would also make finding in that regard. Hence, that aspect is not adverted by this Court.

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It is also the contention of the learned counsel for respondent No.3 – School that since students have not paid fee on time, a Circular is issued prescribing the late payment of fee in a sum of Rs.100/- per day from 28.07.2022, which is the last date for payment of fee and which amounts to almost Rs.21,000/- to be paid by each of the students for nonpayment of fee on time.

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On consideration of such submission, learned counsel for petitioners contends that some of the students have made payment on the portal of the respondent No.3 – School, however, instead of making full balance of fee amount prescribed by the respondent No.3 – School, they have made Rs.2,000/- or Rs.3,000/- and the portal of the respondent No.3 – School is not accepting the same, which was reversed or returned to the parents of the students.

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Be that as it may, the fact remains that students have not paid the fee on time and there is certain late payment of fees. The petitioners herein have also submitted that there is some technical snag in the portal of the respondent No.3 –

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School to make payment due to which they could not make payment on time. Hence, learned counsel for petitioners submit that the respondent No.3 – School may be directed to accept 50% of the total fee to be paid by each of the students.

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Under these circumstances, this writ petition could be disposed of, in view of the interest of the students so also the respondent No.3 – School with regard to payment of fees.

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Accordingly, I pass the following order:

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ORDER

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(i) The writ petition is allowed in part;

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ii) A writ of mandamus is issued, directing the respondent No.3 – School to accept fees of each of the students, who are petitioners’ children, as prescribed by the respondent No.3 – School in Annexure-R4, which is placed before Court by respondent No.3 – School with its statement of objections and also along with payment of arrears of fees as prescribed by respondent No.3 – School

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as per Annexure-R14 for the previous academic year for which all the students have already received education and respondent No.3 – School has provided books and educational material and other miscellaneous fee, if any;

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iii) A writ of mandamus is issued, directing the respondent No.3 – School to permit the students to take up examination scheduled to commence from 6^th March 2023.;

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iv) The prayer of the petitioners to permit the students to attend the classes may not arise now, in view of the fact that current academic year has come to an end and classes are not being conducted by the respondent No.3 – School;

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v) On payment of fee as aforesaid and prescribed by the respondent No.3 – School in Annexure-R4 & arrears of fees

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described in R14, respondent No.3 – School shall issue Admission Card / Hall Tickets to each of the students.

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vi) Respondent No.3 – School in pursuance of issuance of Admission Card / Hall Tickets is directed to declare the results thereafter, of the students taking up the examination without causing any inconvenience to the students;

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vii) Respondent No.3 – School is directed to issue Transfer Certificate to the students those who are not willing to continue their education in respondent No.3 – School, for the next academic year after collecting arrears of fee, education material fee, cost of books and miscellaneous fee, if any, in accordance with Rules and Regulations of the respondent No.3 – School.;

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viii) The students are permitted to pay and respondent No.3 – School is directed to accept the late fee as prescribed by the respondent No.3 – School in a sum of Rs.100/- per day from 28^th July 2022.;

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ix) Respondent No.3 – School is at liberty to recover the amount towards damage caused to their Institution by the petitioners, if any, who are parents of the students, in accordance with law, in the proceedings initiated and pending before the JMFC 3^rd Court, Mysore in PCR No. 267/2022.;

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x) Respondent No.3 – School shall issue Transfer Certificate with respect to son of the petitioner No.12, ie., Mr. Kushal S. Shekar, who does not intend to continue education with respondent No.3– School, for the present academic year 20222023 on payment of arrears of fee for

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previous academic year, education,

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material fee, cost of books, late fee and other miscellaneous fee, if any.

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Sd/JUDGE

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List No.: 1 Sl No.: 86

N Vasu v. Union of India

Case brief

What is this about?

What did the court decide?

N Vasu v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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