TAPAS KUMAR SAHU Vs. UNION OF INDIA

JUDGEMENT

(1.) 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 30 th 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 nor have taken any step.