SUSANTA KUMAR SAHOO Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners, who are claiming themselves to be the parents of some of the non -NTPC students of St. Mary's School, Deepshikha, NTPC in the district of Angul, have filed this petition assailing the unusual hike of school fees for the session 2013 -14, communicated with the notice dated 01.04.2014, vide Annexure -2 as in view of the judgment of this Court in Tapas Kumar Sahu and Others Vrs. Union of India & Others, : 2012 (II) OLR 431 they are not liable to pay the enhanced fees.

(2.) ST . Mary's School, Deepshikha, NTPC in the district of Angul is a recognized unaided Christian Minority Institution (Primer Educational Institution) in the township of National Thermal Power Corporation (NTPC), Talcher, which was established on 14th August, 1989 under the Management of the "Handmaids of Mary", a Registered Religious Society, Sundargarh with classes from LKG to Class XII with Science stream in the Plus Two(+2) and was affiliated to the Central Board of Secondary Education(CBSE), New Delhi in 1994. Now more than 700 Students are prosecuting their study in the School, who have been admitted by fulfilling requisite admission criteria as envisaged by the institution and as such they are regular students of the School. The students are paying school fees including the Tuition fees, Examination fees, Admission fees, Annual fees, Smart Class fees etc. as per the "fee book" provided to them. But the students have been classified as NTPC and Non - NTPC (students whose parents are not working in NTPC). Consequentially there is a "class within a class" amongst the students. The petitioners are the parents of some of the Non - NTPC students, who are against the creation of such "class within a class" and have ventilated their grievance before the school authority. In spite of such grievance, the school authority pursuant to the notice dated 01.04.2013 enhanced the school fees unilaterally for the session 2013 -14 and compelled the students to pay the same w.e.f. 01.04.2013. By issuance of such notification, the guardians of Non - NTPC students have been put to financial pressure. Though this fact was brought to the notice of the Executive Director, NTPC/TSTPS, Kaniha, P.O -Deepshikha, Angul, by way of filing a representation, no action was taken. Enhancement of such fees structure had come up for consideration before this Court in respect of Vinsent Convent School, Balasore, in Tapas Kumar Sahu (supra) and this Court set aside the hike in free structure as it was contrary to the provision of Right to Education Act, 2009 and Orissa Education Act, and the Code framed thereunder. In spite of such fact being brought to the notice of the authorities, since no action has been taken, the petitioners have filed this petition.

(3.) THE matter was heard at length and judgment was reserved vide order dated 4.8.2014. But before the judgment was delivered, an application was filed by learned counsel for opposite parties 7,8 and 9 bringing certain documents by way of affidavit to be taken into consideration for adjudication of the case. The matter was listed under the heading "To Be Mentioned" and opportunity was given to the petitioner to controvert such documents, which were filed by way of affidavit by giving adequate opportunity pursuant to the orders dated 5.9.2014 and 14.10.2014, 29.10.2014 and 7.11.2014, but no reply was forthcoming to the documents so filed by opposite parties 7,8 and 9. Thereafter, the matter was heard once again and judgment was reserved on 18.11.2014.