KENDRIYA VIDYALAYA PARENTS ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) The above writ petitions are with regard to the demand of arrears of Vidyalaya Vikas Nidhi for the period from 2013 to 2019.

(2.) The petitioners in W.P.(C).No.9541 of 2020 is the Kendriya Vidyalaya Parents Association and the General Secretary thereof. They had challenged the enhancement of the Vidyalaya Vikas Nidhi. By order dated 19.03.2013 by filing W.P.(C).No.13900 of 2013 before this Court, an interim order was passed by this Court in the writ petition. The 2 nd respondent therein filed W.A.No.1353 of 2013 challenging the interim order. While hearing the appeal, the writ petition was also called for and heard and the writ petition was dismissed. The said judgment is reported in Kendriya Vidyalaya Parents' Association v. Union of India [2014 (3) KLT 127]. The matter was taken before the Apex Court. By order dated 24.11.2014, the Apex Court issued notice in the SLP and the petitioners were permitted to continue paying fees at the unenhanced rates. However, by order dated 26.11.2019, the Supreme Court declined interference in the judgment of the Division Bench and the SLP was dismissed as per Ext.P2 order. It was held that the dismissal of the Special Leave Petition will not stand in the way of the petitioner making representations to the Management to waive the difference of charges/amounts payable including to provide suitable installments. It was further held that such representation should be decided on its own merits and in accordance with law. The last two paragraphs of the order read as follows :-

(3.) W.P.(C).No.11162/2020 is filed by parents of students of the various Kendriya Vidyalaya Schools in the Ernakulam region. They contend that they were unaware of the filing of the earlier writ petition by the Association, which did not represent them and was only a paper organisation with few members. The learned Senior Counsel appearing for the petitioners submits that the petitioners did not challenge the enhancement of the Vidyalaya Vikas Nidhi and that they were prevented from paying the amounts only due to the misguided actions of the official respondents. It is, therefore, contended that the demand of arrears from the current students who did not challenge the enhancement is unsustainable.