Rumana Mahreen and anr Vs. Union of India and ors. - Court Judgment

SANJ.PANDA, J.W.P.(C) NOS. 2440 & 1920 OF 201.(Dt.18.04.2012) TAPAS KUMAR SAHU & ORS. ……..Petitioners. .Vrs. UNION OF INDIA & ORS. For Petitioners For Opp.Parties For Petitioners For Opp.Parties - ……..Opp.Parties. M/s. K.R.Mohapatra & Associates. Mr. P.Panda (O.Ps. 6 &

7) M/s. P.K.Parhi & Associates. Mr. S.D.Das, Addl. Solicitor General(O.P.1) Mr. P.Panda (O.P.7) SANJ.PANDA, J.Since common questions of facts and law are involved in both the writ petitions, they are heard together and disposed of by this common judgment.

2. The petitioners in W.P.C No.2440 of 2012, who are the nominated members of the Parents’ Grievance Redressal Forum, whose children are reading in St.Vincent Convent School, Balasore, hereinafter to be referred to as ‘School’, in short, and the petitioners in W.P.(C) No.1920 of 2012, who are the students reading in Class I and III through their mother guardian, are challenging the action of the School so far as unusual hike of school fees in the midst of the session 2011-12. They have been imposed a condition that unless the students pay the enhanced fee, they will be debarred from appearing the final examination, which was scheduled to be held in February, 2012.

3. The short facts as revealed from the writ petitions are that the school is a recognized unaided institution affiliated to the Indian School Certificate Examination (ICSE/ISC) Board, New Delhi and the school is preparing its students for the ICSE Examination in Standard X level and ISC Examination at +2 level. The students’ strength of the school is 1883. The students of the school are paying the school fees as per the fee structure, which was communicated to them in their respective fees book including tuition fees, examination fees, computer fees, development fees, Digi class solution fees etc. The students are paying the said fees regularly. While the matter stood thus, the school authorities demanded enhanced fees of Rs.700/- towards Digital Solution as well as activities fees every month from the month of February, 2011 and June, 2011 for which the petitioner-Association in an unanimous meeting held on 30.10.2011 passed a resolution and requested the management not to collect enhanced fees. Further, the Principal of the school by a notice in Annexure-3 directed to stop collection of digital and activities fees from the children. The school management pursuant to a memorandum presented by a group of parents on 30th October, 2011 formed a School Management Committee and that apart in the said reply to the memorandum it has been mentioned that the school management is willing to form a grievance redressal mechanism to address the concerns of the parents and the same will be held quarterly. This intimation was given by the school authorities sometime in November, 2011. However, till date neither they have formed such grievance redressal mechanism not have taken any step. But before the final examination of the students, the school authorities gave a notice to the students that if the students fail to pay the dues, they will not be allowed to appear at the final examination in 2012. Challenging such action of the school authorities, the present writ petitions have been filed by the petitioners.

4. Pursuant to the interim order dated10.2.2012 in Misc. Case No.2057 of 2012, this Court directed the school authorities to allow the children of the petitionerassociation to appear in the ensuing examination, which was scheduled to be held from February, 2012.

5. Counter affidavit has been filed by the school authorities taking a stand that the school is a minority institution and it provides all sorts of facilities to the students as well as staff and it provides best education to its students. Apart from this, the school also provides curricular activities such as, music, dance (both classical and modern), Karate, Yoga, Abacus, creative writing, public speaking and under that head, the school is collecting Rs.40/- only from Class-I to Class-V. The school has also provided all other infrastructural facilities to its students and the total expenditure of the school is depending upon the fees received from the students towards tuition fees, admission fees etc. Since the school is a purely private unaided one, the school management has decided to provide its students all modern technology like Computer and audio visual aids including Digital Solution System and accordingly, the school installed the Digital Solution System for better understanding and learning of the students. The entire system was introduced by eminent and expert resources persons from Edurite and Mexus Company. Since the said system is very expensive, before introducing the same, the school management conducted demonstration on Digital Solution System for the parents of the students of the school and after obtaining positive response from the parents, the school authorities initially installed the Digital Solution System in six rooms and all the students were availing the facility in rotation basis ,i.e., once in two weeks for each class and fee charged under the said head was Rs.25/- per student per month, which comes per annum Rs.300/- and the said fee is to be payable in two installments. Thereafter, since the students are getting benefit out of the said system, the parents persuaded the school for installation of more number of Digital Solution Systems. Accordingly, the school authorities have decided to install 20 more nos. of Digital Solution Systems. The cost of installation and maintenance of the said systems was assessed and it was decided that Rs.700/- per annum is payable by a student for availing the said facility. However, since the parents did not agree to pay the said amount, the school authorities decided to install only 10 more Digital Solution Systems instead of 20 nos. and the school authorities assessed the fees by enhancing from Rs.25/- to Rs.54.16 (Rs.25+ Rs.29.16). It was further stated that the Digital Solution System is very much helpful to the students and turned to a positive response of the parents. However, some vested interest persons are creating disturbance and also disturbing the smooth functioning of the school. Therefore, the school authorities have also suspended the fees hike and have not demanded the 2nd installment towards Digital Solution fees. It is also stated in the counter that there is proportionate representation of the parents’ representative in the School Managing Committee where they agreed with the school authorities for enhancement of the fees towards Digital Solution System from Rs.25/- to Rs.54.16 from Nursery to Class XII with effect from November, 2011 and as such additional fees of Rs.29.16 is only charged per student to avail the facilities and many students have not paid the fees for 1st installment for which they have been noticed to pay the same before the final examination and the petitioners are only 1% of the students’ strength, who are complaining regarding installation of the Digital Solution System and enhancement of fees. However, in the interest of the students, the decision taken by the school authorities should not be interfered with.

6. Learned counsel for the petitioners submitted that the school authorities have enhanced the fees unilaterally and they have neither consulted the Parents Redressal Mechanism not constituted it even though they have decided to do so and the authorities should not have enhanced the fees with a motive to get profit. It is alleged that the school authorities are violating the resolution dated 23.9.1996 passed by the State Government in the Department of School and Mass Education Department, wherein under clause 4 it deals with fees, which stipulates as follows : “ (i) Fee and charges should be commensurate with the facilities provided by the institution. Fees should normally be charged under the heads prescribed by the Department of School and Mass Education. No capitation fee or voluntary donations for gaining admission in the school or for any other purpose should be charged/ collected in the name of the school. In case of such malpractices, the Government may take drastic action leading to withdrawal of No Objection Certificate of the school. (ii) In case, a student leaves the school for such compulsion as transfer of parents or for health reason or in case of death of the student before completion of the session, prorate return of quarterly/ term/ annual fees should be made. (iii) The schools should consult parents through parents, representatives before revising the fees. The fee should not be revised during the mid-session.”

. The said resolution was passed pursuant to the observation made by this Court in O.J.C. No.2951 of 1993 taking into consideration the rapid growth of Private Educational Institutions imparting teaching in English and other Medium in the State which are affiliated to C.B.S.E. and I.C.S.E. Before according necessary recognition to the private un-aided educational institutions, the prescribed authority shall have regard to matters like provision for suitable and adequate accommodation, location of the institution, its sanitary and healthy surroundings appointment of qualified teachers, provision for equipments and teaching materials and adequate financial support for the continuous and efficient maintenance of the institution and shall have to fulfill the terms and conditions specified in the said resolution. In the said resolution it is also stipulated that the Government may conduct an audit of the funds of the school as and when it thinks necessary to ensure that the funds/ fees collected by the school authorities are not diverted and the staff are paid salaries at par with the salaries of the State Government and any other financial irregularities. Learned counsel for the petitioners submitted that at no point of time the funds of the school have ever been audited by the Government to maintain transparency of the school authorities and as such, the present hike in the fees pursuant to the impugned notice should be quashed.

7. Learned counsel appearing for the school submitted that the school authorities in consultation with the parents’ representative and after approval of the School Managing Committee have decided to revise the fees towards Digital Solution System and at no point of time any authority has ever complained regarding the financial mis-management of the school and as such, the writ petitions have no merit and should not be interfered with.

8. Considering the above rival submissions of the parties and taking into consideration the decision rendered by this Court in the case of the Management of DAV Public School, Chandrasekharpur v. State of Orissa and another, 2011(II) OLR, 665, the ratio decided in the said case regarding determination of fees structure of the school seems to be very reasonable. In the said case, this Court observed that the school has to be conscious of the fact that it has to be very reasonable and it cannot and should not charge parent more than what is absolutely essential and on the other hand, it has to meet the variety of expenditure on different activities, tasks and programmes so that education of high quality and for all round development of the children is imparted. Keeping in view the law laid down by the apex Court, this Court has held that fixation of irrational fee without assigning any reason amounts to violation of fundamental and statutory right of the children and directed the State Government to constitute a committee consisting of Commissioner-cum-Secretary, School and Mass Education Department, Government of Orissa, Inspector of Schools of the locality of the concerned school, the Principal/Headmaster of the concerned schools, two representatives of the parents association of the concerned school and head of the local self Government, i.e., Mayor of Municipal Corporation, Chairman of the Municipality or NAC or Sarpanch of the Gram Panchayat, in which area the school is functioning. The Commissioner-cumSecretary may act in person or through his/her nominee not below the rank of Deputy Secretary and the Committee, if required, may cause a spot enquiry of the school and collect materials and evidence from the staff members with regard to the actual salary being received by them and may also collect information from the parents, if required, where the school does not have a registered association of parents with regard to the facilities being provided to the students of such school. In the said decision, this Court further observed that all such materials shall be taken into consideration by the said committee while fixing the fee structure for the school and in the event of filing any application by the school before the said committee, the final decision thereon shall be taken within a period of 90 days from the date of filing of such application. That apart, the said decision of the Hon’ble Single Judge was confirmed by the Division Bench of this Court.

9. Taking into consideration the above facts and circumstances and the fact that the children are the future citizens of the Country and in order to uplift the national policy adopted by the Country to give right of free and compulsory education to the children, this Court is of the view that the school authorities should have taken reasonable decision and persuade the parents to pay the enhanced fees and should not have put such harsh condition that if they fail to pay the same, they will not be allowed to sit in the final examination, which will create a bad impact on the psychology of the minot children. Accordingly, this Court while quashing the direction regarding payment of enhanced fees towards Digital Solution System from the students of the session 201112, directs the school authorities to move an application to the Committee constituted by this Court in the aforesaid writ petitions, in which event the said Committee shall consider the same and take appropriate decision within a period of three months from the date of filing of such application.

10. With the aforesaid observation and direction, the writ petitions are disposed of. No cost. Writ petition disposed of.