THAMPY Vs. BOARD OF GOVERNORS SAINIK SCHOOLS

JUDGEMENT

(1.) Petitioner in O.P.No. 21271/99 is a parent of a Cadet in Sainik School, Kazhakoottam studying in the XIIth standard of the CBSC course. The petitioners in O. P. No. 21288/99 are the President and Secretary of the Parents' Association of the Sainik School, Kazhakoottam. The sons of these petitioners are studying in standard IX. The Scheme to establish Sainik School was introduced in 1961 with the primary aim of preparing the boys academically, physically and mentally for entering into the National Defence Academy. According to the Sainik Schools Society Rules and Regulation.1997 (Ext. P1 in O. P. No. 21288/99), the objectives of establishment of the Sainik Schools are:

(2.) At the time when the petitioners' children were admitted in the school for the year 1995, the annual fee payable by the students was Rs. 10,000/-. The annual fee is being increased by 10% each year according to the rules and regulations of the Society. In 1997, the fee was raised to Rs. 14,000/-, apparently at the rate of 10% increase in each year. In 1999 it was further increased to Rs. 25,000/-, which would be again increased by 10%. Thus according to the petitioners at this range a parent has to pay Rs. 3,50,000/- for his child's education from standard VI to XII. Ext. P2 is the communication from the Principal of the Sainik School to the parents and guardians. Ext. P2 has been issued in accordance with Ext. P3 decision of the Board of Governors of the Sainik School to enhance the tuition fees. It is this enhancement of tuition fees that is under challenge in these Original Petitions.

(3.) According to the petitioners, the Sainik Schools Society being a State, cannot arbitrarily and unreasonably enhance the fees. It was further argued that free education being a fundamental right, the present exorbitant increase in the fees infringes upon the above fundamental right guaranteed under the Constitution.