DAVIAN PARENTS ASSOCIATION Vs. STATE OF ORISSA

JUDGEMENT

(1.) Challenging the hike of fee structure made by the Management of different DAV Public Schools dated 19.04.2014 in Annexure-5 series, the Parents' Association of different DAV Public Schools at Cuttack and Bhubaneswar have filed this writ petition.

(2.) The facts of the case in nut-shell are that DAV Public Schools at Cuttack and Bhubaneswar after receiving recognition/No Objection Certificate from the State Government and land for construction of School buildings were established, affiliated to the Central Board of Secondary Education and are regulated by the norms of guidelines issued from time to time by the said Board. Para-7 of the CBSE Bye-law deals with financial resources whereas Para-11 deals with Fees. Taking advantage of the Bye-law, the management of DAV Public Schools situated at Cuttack and Bhubaneswar have been enhancing fees each and every year continuously. When the management of different DAV Public Schools enhanced the fees in the year 2009 over and above the fees of the previous year, the parents associations of different DAV Public Schools including many parents individually approached this Court challenging the unilateral and arbitrary decision of fees hike. After due adjudication, this Court vide a common judgment dated 27.06.2011 disposed of the writ petition in The Management of DAV Public School, ChandrasekharPur v. State of Orissa and another, 2011 2 OrissaLR 665 and analogous writ petitions in Annexure-1 directing constitution of Managing Committees in accordance with the Orissa Education Act within a period of 3 months from the date of communication of this order. So far as fee structure was concerned, learned single Judge directed constitution of a committee under the Chairmanship of Commissioner-cum-Secretary School and Mass Education Department to verify the facilities provided school-wise and accordingly determine the fees to be collected commensurating with such facilities. The said judgment passed by the learned single Judge under Annexure-1 was challenged by the DAV Management before a Division Bench of this Court in Writ Appeal No.387 of 2011 and a batch of other connected matters and upon hearing, the Division Bench dismissed all the Writ Appeals and confirmed the judgment passed by the learned single Judge vide Annexure-2.

(3.) Being aggrieved, the Management-opposite party no.5-Regional Director, Zone-II-cum-Principal of DAV Public School, Chandrasekharpur approached the apex Court in SLP (C) No.31659/2011 wherein the apex Court directed the interim committee constituted as per direction of this Court to determine the quantum of fees on ad hoc arrangement basis by giving due opportunity of hearing to the parties. Pursuant to such direction, the said Committee directed the Management of DAV Public Schools to produce different documents for the purpose of determination of quantum of fees, but the Management of DAV Public Schools failed to produce necessary information and documents and therefore, the interim committee ultimately expressed helplessness before the apex Court and prayed for entrusting the task of determining fees structure of DAV Public Schools forming a committee headed by Justice K.P. Mohapatra, a retired Judge of this Court. In compliance with the same Justice K.P. Mohapatra Committee submitted a report on 02.05.2013, Annexure-3 and considering the same, judgment was passed on 16.04.2014 in Civil Appeal No.4556 of 2014 (arising out of SLP (C) No.31659 of 2011), Annexure-4. On receipt of the judgment passed by the apex Court, the DAV Public School Authority revised the fees as per the recommendation of the Fee Structure Committee, Odisha vide Annexure-5 series which has been challenged before this Court in this writ petition.