ARMY PUBLIC SCHOOL Vs. KARNATAKA STATE

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner and the learned Counsel for the respondents.

(2.) The petitioner is said to be an Army Education Welfare Society registered under the Societies Registration Act XXI of 1860) with the Registrar of Societies, Delhi Administration, Delhi, which had recognised to treat the erstwhile Parachute Regiment Training Centre School as Army Public School as per its guidelines. It runs more than 130 schools through out India and it is governed by the norms framed by the Society. The School has been affiliated to the Central Board of Secondary Education (CBSE), New Delhi and it has acknowledged and granted necessary permission for change over from the old Parachute Regiment Training Centre School, to Army Public School with effect from 1.4.2012. The students were directed to collect the old admission fee already paid and the Security Deposit and to pay the new admission fee as per the Army Public School Regulations. There was hence no question of collecting fresh admission fee. There was a communication made by the CBSE on 4.8.2012, not to collect any fresh admission fee. This was replied by the school authorities offering an explanation as to the manner in which the earlier fee paid was being adjusted towards the current admission fee on the change over from the Parachute Regiment Training Centre School to the Army Public School. It is however stated that the parents of 42 students had refused to collect the admission fee and the refundable Security Deposit.

(3.) It transpires that the parents representing 42 students had sought to question the action on the part of the school in making adjustment of the admission free by way of a writ petition in WP 15296/2009. There were several other writ petitions filed on the same ground and also challenging the exemption conferred under the KE Act, exempting the schools affiliated to the CBSE syllabus from the provisions of the KE Act and therefore, taking themselves out of the purview of the fee structure prescribed by the Government of Karnataka. The petitions were allowed quashing the amendment to the KE Act, granting exemptions to schools affiliated to the CBSE. The writ appeals were filed challenging the orders of the learned Single Judge in WA 2450/2011 and connected appeals, which are said to be pending consideration before a division bench of this court and by virtue of those proceedings pending, the fee has remained unpaid and the dispute has not been resolved in so far as the said 42 students are concerned.