Dismissed

E-Unnathi Foundation v. the Union of India

Kerala HC15 Jun 2020WP(C)/11398/2020

Case brief

AI extract

What is this about?

In this PIL seeking directions to regulate school functioning and fees during lockdown due to the pandemic, the Court found averments lacking. The petition was permitted to be withdrawn with liberty to file a fresh petition after impleading relevant schools and providing prescribed fee structures.

What did the court decide?

Permission granted to withdraw writ petition with liberty to file fresh petition after impleading schools and providing fee structures.

E-Unnathi Foundation Vs the Union of India — Education and Admissions | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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MONDAY, THE 15TH DAY OF JUNE 2020 / 25TH JYAISHTA, 1942

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WP(C).No.11398 OF 2020 (S)

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PETITIONER:

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E-UNNATHI FOUNDATION, REG. NO. 187/2019, HAVING ITS REGISTERED OFFICE AT SOUPARNIKA KNRA -96, MARADU, ERNAKULAM, KOCHI 682 304, REP. BY ITS MANAGING TRUSTEE DR. BINDHU SATHYAJITH.

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BY ADVS. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SRI.P.B.MUHAMMED AJEESH SRI.M.A.AHAMMAD SAHEER

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RESPONDENTS:

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1 THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF HUMAN RESOURCES DEVELOPMENT (HRD), SASTHRI ROAD, NEW DELHI 110 001.

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2 THE MINISTRY OF HOME AFFAIRS, REPRESENTED BY ITS SECRETARY, OFFICE OF THE MINISTRY OF DEPARTMENT OF HOME AFFAIRS, JAI SINGH MARG, HANUMAN ROAD AREA, CONNAUGHT PLACE, NEW DELHI , DELHI 110 001.

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3 THE STATE OF KERALA, REPRESENTED BY SECRETARY, OFFICE OF THE MINISTRY OF DEPARTMENT OF EDUCATION, GOVERNMENT SECRETARIAT, TRIVANDRUM 695 001.

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4 CENTRAL BOARD OF SECONDARY EDUCATION, SIKSHA KENDRA -2, COMMUNITY CENTRE, PREETH VIHAR, DELHI 110 092.

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5 COUNCIL FOR THE INDIAN SCHOOL CERTIFICATE EXAMINATIONS, PRAGATI HOUSE, 3RD FLOOR, 47-48, NEHRU PLACE, NEW DELHI 110 019, REPRESENTED BY ITS CHAIRMAN.

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6 THE REGIONAL OFFICE, CENTRE BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, TRIVANDRUM, BLOCK-B, 2ND FLOOR, LIC DIVISIONAL OFFICE CAMPUS, PATTOM, TRIVANDRUM 695 001.

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R1 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA SR G.P. SURIN GEORG IPE FOR R3 SRI.S.NIRMAL SC FOR R4 AND R6

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.06.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).No.11398 OF 2020

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:: 2 ::

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JUDGMENT

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Dated this the 15th day of June 2020

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S.Manikumar, C J

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Instant public interest litigation is filed seeking for a direction to the respondents to streamline the mode of functioning of the schools in State of Kerala during this lockdown period until specific SOP is prescribed with regard to the functioning of the schools and regulation of fee structure. Other reliefs sought for are direction to the respondents to ensure that the schools across State of Kerala are providing quality online education and the same reaches the entire students community and also for direction to all the schools in the State of Kerala neither to hike the school fees nor to collect anything more than the tuition fee till the pandemic is cleared and regular functioning of the schools are commenced.

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Having heard learned counsel for the parties and having perused the materials available on record, we are of the view that the averments do not satisfy as to what is the prescribed fee insofar as CBSE schools are concerned and what is the fee structure in the other schools mentioned in the statement of facts. Moreover, the schools mentioned in the statement of facts are not impleaded in the party array.

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W.P.(C).No.11398 OF 2020

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:: 3 ::

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When the court pointed out the above to the learned counsel for the petitioner, learned counsel for the petitioner seeks permission to withdraw the writ petition with liberty to file a fresh writ petition with materials and impleading the schools allegedly charging excess fees. Permission sought for is granted. Writ petition is dismissed as withdrawn with liberty to file a fresh writ petition in accordance with law.

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Pending interlocutory applications, if any, shall stand closed.

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sd/S. MANIKUMAR, CHIEF JUSTICE

sd/-

SHAJI P. CHALY,

JUDGE

jes

W.P.(C).No.11398 OF 2020

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:: 4 ::

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ORDER NO. 40-3/2020-BM-1(A) DATED 15.04.2020 OF THE 2ND RESPONDENT.

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EXHIBIT P2 TRUE COPY OF THE ORDER NO. 40-3/2020-BM-1 (A) DATED 30.05.2020 OF THE 2ND RESPONDENT.

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EXHIBIT P3 TRUE COPY OF THE FEE STRUCTURE FOR THE TOLINS WORLD SCHOOL, MALAYATTOOR, ERNAKULAM DISTRICT DATED NIL.

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EXHIBIT P4 TRUE COPY OF THE FEE STRUCTURE OF GLOBAL PUBLIC SCHOOL, THIRUVANIYOOR, ERNAKULAM DISTRICT DATED NIL.

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EXHIBIT P5 TRUE COPY OF THE FEE STRUCTURE FOR THE CHRISTU JAYANTHI PUBLIC SCHOOL, KAKKANAD, ERNAKULAM DISTRICT DATED 01.06.2020.

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EXHIBIT P6 TRUE COPY OF THE FEE STRUCTURE OF GEMS MODERN ACADEMY, ERNAKULAM DISTRICT DATED NIL.

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EXHIBIT P7 TRUE COPY OF THE FEE STRUCTURE FOR INDIAN PUBLIC SCHOOL, KAKKANAD, ERNAKULAM DISTRICT DATED NIL.

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EXHIBIT P8 THE ANNUAL FEE STRUCTURE OF TRIVANDRUM INTERNATIONAL SCHOOL DATED NIL.

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EXHIBIT P9 TRUE COPY OF THE NEWS FEATURED IN TIMES OF INDIA ONLINE PORTAL DATED 17.04.2020.

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EXHIBIT P10 TRUE COPY OF THE NEWS REPORT IN THE HINDU ONLINE NEWS PORTAL DATED 22.04.2020.

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EXHIBIT P11 TRUE COPY OF THE NEWS FEED IN THE ECONOMIC TIME ONLINE NEWS PORTAL DATED 24.04.2020.

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EXHIBIT P12 TRUE COPY OF THE CIRCULAR ISSUED BY THE INDIAN PUBLIC SCHOOL KAKKANAD, ERNAKULAM DISTRICT DATED NIL.

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// True copy //

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P.S. to Judge

E-Unnathi Foundation v. the Union of India

Case brief

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E-Unnathi Foundation v. the Union of India

Case brief

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