Petitioners challenged exorbitant fee hikes at a private aided school. The court avoided merits, directing the board to consider the petitioners' representation and decide within three months after hearing both sides.
Directions to the first respondent to pass appropriate orders on the petitioners' representation after hearing both parties within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.R. RAMACHANDRA MENON
WEDNESDAY, THE 23RD DAY OF OCTOBER 2013/1ST KARTHIKA, 1935
WP(C). No. 21887 of 2013 (I)
PETITIONERS:
1. KOHINOOR SALEEM, S/O. ABOOBACKER, KOHINOOR HOUSE, ODEPC HOUSING COLONY MODERN BAZAR, KOLATHARA, KOZHIKODE.
2. K.P. NAZEER, S/O. K.P. MAMMAD KOYA, K.K. MANZIL, MATHARA GURUVAYURAPPAN COLLEGE P.O., KOZHIKODE.
BY ADV. SRI.K.S.BHARATHAN
RESPONDENTS:
1. CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, CHENNAI, PLOT NO.1630A "J" BLOCK, 15TH MAIN ROAD, ANNA NAGAR WEST CHENNAI - 600 040.
2. HIDAYA PUBLIC SCHOOL, GREEN VALLEY, PANTHEERANKAVU, KOZHIKODE - 673 019 REPRESENTED BY ITS MANAGER ADVOCATE ABOOBACKER SIDDEEQUE V.P. RESIDING AT KALLUMPURAM HOUSE, PULLANNUR, MALAPARAMPA KOZHIKODE DISTRICT, PIN - 673 601.
BY SRI. T.P.M. IBRAHIM KHAN (SR.) SRI. K.M. ABDUL MAJEED SRI. DEVAN RAMACHANDRAN, SC, CBSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 21887 of 2013 (I)
APPENDIX
PETITIONERS' EXHIBITS:-
| EXHIBIT P1 | - | COPY OF THE BYE-LAW OF THE PARENTS TEACHERS ASSOCIATION PUBLISHED BY THE 2ND RESPONDENT SCHOOL. |
|---|---|---|
| EXHIBIT P2 | - | COPY OF THE COMMUNICATION DATED 06.09.2011 ISSUED BY THE ADMINISTRATOR OF THE 2ND RESPONDENT SHOWING THE RATES OF FEE FOR CLASSES I TO X FOR THE YEARS 2005-2006 TO 2011-2012. |
| EXHIBIT P3 | - | COPY OF CHART SHOWING RATES OF FEE FOR THE YEAR 2013-2014 FOR CLASSES I TO X. |
| EXHIBIT P4 | - | COPY OF THE FIRST INFORMATION STATEMENT IN CRIME NO.93/2012 OF NALLALAM POLICE STATION DATED 17.02.2012. |
| EXHIBIT P5 | - | COPY OF NOTICE DATED 06.06.2013. |
| EXHIBIT P6 | - | COPY OF NOTICE DATED NIL. |
| EXHIBIT P7 | - | COPY OF QUESTIONNAIRE DATED NIL. |
| EXHIBIT P8 | - | COPY OF THE PROCEEDINGS DATED 09.07.2013. |
| EXHIBIT P9 | - | COPY OF THE REPLY DATED NIL. |
| EXHIBIT P10 | - | COPY OF THE REPRESENTATION DATED 20.07.2013. |
RESPONDENT'S EXHIBITS:-
EXHIBIT R2(a) - COPY OF THE CERTIFICATE NO. NIL DATED 13.09.2011 ISSUED BY THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS, NEW DELHI.
//TRUE COPY//
P.A. TO JUDGE
SP
P.R. RAMACHANDRA MENON, J.
--------------------------------------W.P.C. No.21887 OF 2013
Dated this the 23rd day of October, 2013.
JUDGMENT
The grievance of the petitioners is with regard to the allegedly exorbitant fees being realised by the 2nd respondent from the students, who are pursuing their studies in the said School.
made to the rate of increase as given in Ext.P2 in respect of the various years from 2005-2006 to 2011-2012 and the fees sought to be realised for the year 2013-2014 as reflected from Ext.P3 chart. It is in the said circumstances, that the petitioners have approached the 1st respondent by filing Ext.P10 representation, pointing out the facts and figures. The learned counsel for the petitioners submits that the relief stand confined only to cause Ext.P10 to be considered and disposed of within a reasonable
W.P.C.No.21887 of 2013
2
time.
the fee structure is to be proportionate with the facilities being provided in the School and as such, it may vary from School to School, depending upon the facts and circumstances.
W.P.C.No.21887 of 2013
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After hearing both the sides, this Court does not find it necessary to deal with the merits of the case and the writ petition is disposed of, directing the 1st respondent to pass appropriate orders on Ext.P10, after affording an opportunity of hearing to the petitioners and also the 2nd respondent as expeditiously as possible, at any rate, within 'three months' from the date of receipt of a copy of this judgment.
The petitioners shall produce a copy of this judgment, along with a copy of this writ petition, before the 1st respondent, for further steps.
P.R. RAMACHANDRA MENON,
JUDGE
sp
1 issue framed by the court
Whether the fee structure of a private school is exorbitant and requires judicial intervention.
Kohinoor Saleem
K.P. Nazeer
Central Board of Secondary Education
Hidaya Public School
P.R. Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
