Karnataka High Court
Association Of India Schools vs The State Of Karnataka on 16 September, 2021
Author: R Devdas
Bench: R. Devdas
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF SEPTEMBER, 2021
BEFORE
THE HON' BLE MR.JUSTICE R. DEVDAS
WRIT PETITION NO.4818/2021 (EDN-RES)
C/W
WRIT PETITION NOs.3874/2021, 3896/2021,
3907/2021, 4751/2021, 5704/2021, 8219/2021,
12952/2021 (EDN-RES)
IN W.P. NO.4818/2021
BETWEEN
1. ASSOCIATION OF INDIA SCHOOLS
AN ASSOCIATION OF PRIVATE
UNAIDED SCHOOLS
BEING A SOCIETY INTER ALIA
REGISTERED UNDER THE SOCIETIES
REGISTRATION ACT 1880
HAVING ITS ADDRESS AT
CST, NO.104-E
NEAR ASTER SOCIETY, FIRE BRIGADE,
OPP. OBEROI MALL, DINDOSHI
MALAD (E)
MUMBAI - 400 097
REPRESENTED BY ITS AUTHORIZED
REPRESENTATIVE MR. VISPI J VESUNA
2. VISPI J VESUNA
S/O JEHANGIR VESUNA
AGED ABOUT 60 YEARS,
AUTHORIZED REPRESENTATIVE
CHAIRMAN OF PETITION NO.1
HAVING ITS REGISTERED OFFICE
2
CST NO. 104-E
NEAR ASTER SOCIETY
FIRE BRIGADE
OPP OBEROI MALL
DINDOSHI MALAD (E)
MUMBAI - 400 097
...PETITIONERS
(BY SRI M R NAIK, SENIOR COUNSEL FOR
SRI SANJAY NAIR, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
THROUGH ITS SECRETARY
TO GOVERNMENT,
VIDHAN SOUDHA
BANGALORE - 560 001
2. COMMISSIONER FOR PUBLIC
INSTRUCTION
OFFICE OF CPI
N T ROAD, BANGALORE - 560 001
3. THE PRINCIPAL SECRETARY
TO THE GOVERNMENT
(PRIMARY AND SECONDARY)
6TH FLOOR, M S BUILDING,
BANGALORE - 560 001.
4. UNDER SECRETARY TO THE GOVERNMENT
PRIMARY AND SECONDARY
EDUCATION (PRIMARY)
2ND GATE, 6TH FLOOR
M S BUILDING
DR AMBEDKAR VEEDHI
BENGALURU - 01
5. THE DIRECTOR
PRIMARY EDUCATION DEPARTMENT
3
OF PUBLIC INSTRUCTIONS
K R CIRCLE
BANGALORE - 560 001
...RESPONDENTS
(BY SRI DHYAN CHINNAPPA, AAG A/W
SMT PRAMODHINI KISHAN, AGA FOR C/R1 TO R5)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
RESTRAIN THE RESPONDENTS THEIR RESPECTIVE
DEPARTMENTS AGENTS EMPLOYEES OFFICERS ETC FROM
ACTING IN FURTHERANCE OF THE IMPUGNED ORDER
DTD.29.01.2021 ANENXURE-A ISSUED BY R1 AND
FURTHER FROM ISSUING ANY DIRECTIONS OF THE
NATURE CONTEMPLATED UNDER THE IMPUGNED ORDER
DTD.29.1.2021 ANENXURE-A ISSUED BY R1 AND ETC.
IN W.P. NO.3874/2021
BETWEEN
ASSOCIATED MANAGEMENTS OF
PRIMARY AND SECONDARY SCHOOLS
IN KARNATAKA (KAMS)
REGD OFFICE-MSR MAIN ROAD,
MATHIKERE, BANGALORE-560054
REPRESENTED BY ITS GENERAL SECRETARY
SRI D SHASHI KUMAR
AGED ABOUT 50 YEARS
S/O SRI DEVAPPA GOWDA
...PETITIONER
(BY SRI G R MOHAN, ADVOCATE)
4
AND
1. STATE OF KARNATAKA
BY ITS CHIEF SECRETARY,
VIDHANASOUDHA,
BENGALURU-560001
2. STATE OF KARNATAKA
DEPARTMENT OF PRIMARY AND
HIGHER SECONDARY EDUCATION,
M S BUILDING,
DR AMBEDKAR ROAD,
BANGALORE-560001
REPRESENTED BY ITS PRINCIPAL SECRETARY
3. THE COMMISSIONER
DEPARTMENT OF PUBLIC INSTRUCTIONS,
K R CIRCLE,
BANGALORE-560001
...RESPONDENTS
(BY SRI DHYAN CHINNAPPA, AAG A/W
SMT PRAMODHINI KISHAN, AGA FOR C/R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECTION TO THE RESPONDENTS TO CONSIDER
VARIOUS REPRESENTATIONS MADE TO THEM AND
ESPECIALLY DIRECTION IN W.P NO.9855 OF 2020 DATED
14-09-2020 AS PER ANNEXURE G FOR THE ACADEMIC
YEAR 2020-21 AND NOT AS PER GOVERNMENT
NOTIFICATION BEARING, BENGALURU DATED 29-01-2021
AS PER ANNEXURE J WHICH IS IN VIOLATION OF THE
DECISION OF THE SUPREME COURT REPORTED IN AIR
2003 SUPREME COURT PAGE 355 IN THE CASE OF TMA
PAI FOUNDATION AND OTHERS VS STATE OF KARNATAKA
AND OTHERS AND ETC.
5
IN W.P. NO.3896/2021
BETWEEN
1. KARNATAKA UNAIDED SCHOOLS
MANAGEMENTS' ASSOCIATION
A REGISTERED SOCIETY
OFFICE AT NO.427, 1ST CROSS,
2ND MAIN, VIDYAPEETHA LAYOUT,
TR NAGAR
BANGALORE 560028
REPRESENTED BY ITS SECRETARY
SRI A MARIYAPPA
AGED ABOUT 74 YEARS
2. SRI VANI EDUCATION CENTRE TRUST (REGD)
A REGISTERED TRUST
HAVING ITS OFFICE AT RAMAVANA
1246, 4TH MAIN ROAD, E BLOCK,
2ND STAGE, RAJAJINAGAR,
BANGALORE-560010
REPRESENTED HEREIN BY ITS SECRETARY
MRS R H USHA
AGED AROUND 55 YEARS
3. MANSI EDUCATIONAL AND CHARITABLE TRUST
(REGD)
A REGISTERED TRUST
HAVING ITS OFFICE AT NO.407
9THI MAIN, B C C LAYOUT
CHANDRA LAYOUT, 1ST STAGE
BANGALORE-560040
REPRESENTED HEREIN BY ITS TRUSTEE
V AJAY
AGED AROUND 30 YEARS
...PETITIONERS
(BY SRI S SUDHARSAN, ADVOCATE)
6
AND
1. STATE OF KARNATAKA
REPRESENTED BY PRINCIPAL SECRETARY
DEPARTMENT OF EDUCATION (PRIMARY
AND SECONDARY SCHOOL EDUCATION)
VIDHANA SOUDHA
BANGALORE 560001
2. COMISSIONER OF PUBLIC INSTRUCTION
DEPARTMENT OF EDUCATION (PRIMARY
AND SECONDARY SCHOOL EDUCATION)
GOVERNMENT OF KARNATAKA
NRUPATHUNGA ROAD
BANGALORE 560001
3. DIRECTOR OF PUBLIC INSTRUCTION
DEPARTMENT OF EDUCATION
GOVERNMENT OF KARNATAKA
BANGALORE NORTH DISTRICT
K G ROAD
BANGALORE 560002
4. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION
DEPARTMENT OF EDUCATION
GOVERNMENT OF KARNATAKA
BANGALORE NORTH DISTRICT
K G ROAD
BANGALORE 560002
...RESPONDENTS
(BY SRI DHYAN CHINNAPPA, AAG A/W
SMT PRAMODHINI KISHAN, AGA FOR C/R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE
THAT THE NOTIFICATION ISSUED BY THE GOVERNMENT
OF KARNATAKA DTD.29.1.2021 ANNEXURE-B AT PAGE
NO.24 IS ULTRA VIRES THE KARNATAKA EDUCATION ACT
7
1983 FOR CONTRAVENTION OF SECTION 145 THEREOF
AND ETC.
IN W.P. NO.3907/2021
BETWEEN
KARNATAKA STATE MINORITIES EDUCATIONAL
INSTITUTIONS MANAGEMENTS FEDERATION (R)
NO. 126/125, H.K.P ROAD,
BROADWAY SHIVAJINAGAR
BANGALORE 560 051
REPRESENTED BY ITS PRESIDENT
MR. C.R. MOHAMED IMTIAZ
AGED ABOUT 68 YEARS
S/O LATE MR. C. ABDUL RAHIM
...PETITIONER
(BY SRI G R MOHAN, ADVOCATE)
AND
1. STATE OF KARNATAKA
EDUCATION DEPT
PRIMARY AND SECONDARY EDUCATION
REPRESENTED BY ITS SECRETARY
M S BUILDINGS
BANGALORE 560001
2. THE COMMISSIONER
DEPARTMENT OF PUBLIC INSTRUCTIONS
K.R. CIRCLE
BANGALORE 560001
3. THE DIRECTOR
PRIMARY EDUCATION
DEPARTMENT OF PUBLIC INSTRUCTIONS
K R CIRCLE
8
BANGALORE 560 001
...RESPONDENTS
(BY SRI DHYAN CHINNAPPA, AAG A/W
SMT PRAMODHINI KISHAN, AGA FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS THAT NOTIFICATION
DTD.24.7.2019 AS PER ANNEXURE-A AND NOTIFICATION
DTD.29.1.2021 AS PER ANNEXURE-B CANNOT BE
ENFORCED ON MINORITY EDUCATIONAL INSTITUTIONS
MEMBERS OF THE ASSOCIATION OF UNAIDED INCLUDING
STATE BOARD SYLLABUS ICSE AND CBSE AND OTHER
SYLLABUS IS CONCERNED AS THE STATE GOVERNMENT
CANNOT INTERFERE IN FIXATION/COLLECTION FEES ETC
FROM THE STUDENTS IN THE LIGHT OF THE JUDGEMENT
OF THE HONBLE SUPREME COURT AS PER PRAGRAPH 61
REPORTED IN AIR 2003 SUPREME COURT PAGE 355 IN
THE CASE OF TMA PAI FOUNDATION AND OTHER VS
STATE OF KARNATAKA AND OTHERS AND ETC.
IN W.P. NO.4751/2021
BETWEEN
KARNATAKA REGIONAL COMMISSION
FOR EDUCATION BANGALORE (REGD)
HAVING ITS OFFICE AT
2ND CROSS, DA COSTA LAYOUT,
ST THOMAS TOWN, BANGALORE 560084,
REPRESENTED BY FR. EUGENE LOBO
S/O LATE IGNATIUS LOBO
AGED ABOUT 72 YEARS,
R/A 2ND CROSS,
DA -COSTA LAYOUT,
ST THOMAS TOWN,
9
BANGALORE 560084
...PETITIONER
(BY SRI DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
REPRESENTED BY THE PRINCIPAL SECRETARY
DEPARTMENT OF EDUCATION
(PRIMARY AND SECONDARY SCHOOL EDUCATION)
VIDHANA SOUDHA
BANGALORE 560001
2. THE COMMISSIONER OF PUBLIC INSTRUCTIONS
DEPARTMENT OF EDUCATION
(PRIMARY AND SECONDARY SCHOOL EDUCATION)
NRUPATHUNGA ROAD,
BANGALORE 560001
3. THE DIRECTOR OF PUBLIC INSTRUCTIONS
DEPARTMENT OF EDUCATION,
GOVERNMENT OF KARNATAKA,
BANGALORE NORTH DISTRICT
K G ROAD, BANGALORE 560002
4. DIRECTOR OF PUBLIC INSTRUCTIONS
DEPARTMENT OF EDUCATION,
GOVERNMENT OF KARNATAKA,
BANGALORE NORTH DISTRICT
K G ROAD, BANGALORE 560002
...REPSONDENTS
(BY SRI DHYAN CHINNAPPA, AAG A/W
SMT PRAMODHINI KISHAN, AGA FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DECLARE THAT THE DIRECTION ISSUED BY THE
10
GOVERNMENT OF KARNATAKA BEARING NOTIFICATION
DTD.29.1.2021 PRODUCED AT ANNEXURE-A IS ULTRA
VIRES AND IS CONTRARY TO THE KARNATAKA
EDUCATION ACT 1983 FOR CONTRAVENTION OF SECTION
145 THEREOF AND ETC.
IN W.P. NO.5704/2021
BETWEEN
VIDYANIKETAN PUBLIC SCHOOL
A UNITY OF VIDYANIKETAN EDUCATIONAL
AND CULTURAL TRUST
ULLAL SATELLITE TOWN
KENGERI, BENGALURU - 560060
REP BY ITS DIRECTOR
SRI VIJAI KRISHNA RAJAGOPAL
AGED ABOUT 41 YEARS
S/O S RAJAGOPAL
...PETITIONER
(BY SRI ABHINAV RAMANAND A, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
DEPT OF PRIMARY AND SECONDARY EDUCATION
M S BUILDING
BENGALURU - 560001
REP BY ITS PRINCIPAL SECRETARY
2. THE COMMISSIONER
DEPT OF PUBLIC INSTRUCTION
NRUPATHUNGA ROAD
BENGALURU - 560001
3. THE DEPUTY COMMISSIONER
BENGALURU URBAN DISTRICT AND CHAIRMAN
11
DISTRICT EDUCATION REGULATORY AUTHORITY
(DERA) KANDAYA BHAVANA
K G ROAD
BENGALURU - 560009
4. THE DEPUTY DIRECTOR OF
PUBLIC INSTRUCTIONS
BENGALURU SOUTH DISTRICT
CHAMARAJPET
BENGALURU - 560018
...RESPONDENTS
(BY SRI DHYAN CHINNAPPA, AAG A/W
SMT PRAMODHINI KISHAN, AGA FOR C/R)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE NOTIFICATION DATED 29.01.2021 ISSUED BY
THE R-1 AT ANNEXURE-B TO THE WRIT PETITION AND
ETC.
IN W.P. NO.8219/2021
BETWEEN
1. HEAD START EDUCATIONAL TRUST
32(P), 16TH MAIN, 4TH BLOCK
KORAMANGALA
BANGALORE-560034
REPRESENTED BY ITS MANAGING TRUSTEE
RIAD MAHMOOD
2. THE EDUCATIONAL SOCIETY OF SISTER OF
ST.JOSEPH COLONY
PREETHI SADAN,
CLUNY PROVINCIALATE
(REG S. NO.198/76-77)
KANNUR, P. O.
BAGALUR VIA BANGALORE-562149
12
REPRESENTED BY ITS PRESIDENT
SISTER ANNIS
3. BETHANY EDUCATION BOARD
NO.606B, 8TH BLOCK
20TH MAIN, KORAMANGALA
BENGALURU-560095
REPRESENTED BY ITS SECRETARY
DR AKASH DAVID RYALL
4. THE EASTWOOD SCHOOL SOCIETY
NO.2, CAMBRIDGE LAYOUT EXTENSION
III MAIN, SOMESWARAPURA
BANGALORE-560008
REPRESENTED BY ITS SECRETARY
M EASTWOOD
5. BALDWIN METHODIST EDUCATIONAL SOCIETY
NO.13, BMEC CONVENT ROAD
MUSEUM ROAD, POST OFFICE
BENGALURU-560025
REPRESENTED BY DR JOSHUA SAMUEL
6. RANG FOUNDATION
REGISTERED ADDRESS-
NO.10, IST CROSS
GUPTA LAYOUT, SOUTH END ROAD
BASAVANAGUDI
BANGALORE-560004
REPRESENTED BY ITS CHAIRMAN
SHRAVAN GUPTA
...PETITIONERS
(BY SRI PRADEEP NAYAK, ADVOCATE)
AND
1. STATE OF KARNATAKA
THROUGH ITS CHIEF SECRETARY
VIDHANA SOUDHA
13
AMBEDKAR VEEDHI
BENGALURU-560001
2. DEPARTMENT OF PRIMARY AND
SECONDARY EDUCATION
GOVT OF KARNATAKA
THROUGH ITS PRINCIPAL SECRETARY
VIKASA SOUHDA
BENGALURU-560001
3. THE COMMISSIONER
DEPARTMENT OF
PUBLIC INSTRUCTION
NRUPATHUNGA ROAD
BENGALURU-560001
...RESPONDENTS
( BY SRI DHYAN CHINNAPPA, AAG A/W
SMT PRAMODHINI KISHAN, AGA )
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE
SECTION 1 (3) (iiia) OF THE KARNATAKA EDUCATION ACT,
1983 (AS AMENDED BY SECTION 2 OF THE KARNATAKA
EDUCATION (SECOND AMENDMENT) ACT, 2017,
PRODUCED AT ANNX-A, IN SO FAR AS IT MAKES
SECTIONS 48 AND 124A OF THE ACT APPLICABLE TO
CBSE AND ICSE SCHOOLS, AS BEING VIOLATIVE OF
ARTICLE 14 AND 19(1) (g) OF THE CONSTITUTION OF
INDIA AND ETC.
IN W.P. NO.12952/2021
BETWEEN
1. KARNATAKA PRIVATE SCHOOLS COMMITTEE
REPRESENTED BY GENERAL SECRETARY
SRI MOHANKUMAR G
14
NO 25/1 6TH CROSS
NHCS LAYOUT, CAUVERY NAGAR
BANGALORE -560079
2. VIDYASHREE EDUCATION SOCIETY
ANJANA NAGAR
MAGADI MAIN ROAD
BENGALURU - 560091
...PETITIONERS
(BY SRI SRIKANTH M P, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
BY ITS SECRETARY TO THE GOVERNMENT
PRIMARY AND SECONDARY EDUCATION
DEPARTMENT, M S BUILDING
DR AMBEDKAR VEEDHI
BENGALURU - 560001
2. COMMISSIONER FOR PUBLIC INSTRUCTIONS
NEW PUBLIC OFFICES
NRUPATHUNGA ROAD
BANGALORE - 560001
3. DIRECTOR OF PUBLIC INSTRUCTIONS
PRIMARY EDUCATION
NEW PUBLIC OFFICES
NRUPATHUNGA ROAD
BANGALORE - 560001
4. DIRECTOR OF PUBLIC INSTRUCTIONS
SECONDARY EDUCATION
NEW PUBLIC OFFICES
NRUPATHUNGA ROAD
BANGALORE - 560001
15
5. BLOCK EDUCATIONAL OFFICER
DEPARTMENT OF INSTRUCTIONS
SOUTH RANGE - 04
TRIVENI NAGARA,
KRISHNARAJAPURAM
BANGALORE - 560036
...RESPONDENTS
(BY SRI DHYAN CHINNAPPA, AAG A/W
SMT PRAMODHINI KISHAN, AGA FOR R1 TO R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE GOVERNMENT ORDER DATED 29.01.2021
ISSUED BY THE R1 IN RESPECT OF MEMBERS OF THE 1ST
PETITIONERS SOCIETY VIDE ANNEXURE-Y AND ETC.
THESE WRIT PETITIONS HAVING BEEN HEARD AND
RESERVED ON 07.09.2021 AND COMING ON FOR
PRONOUNCEMENT OF ORDERS, THIS DAY, THE COURT
MADE THE FOLLOWING:
ORDER
The petitioners are Private Unaided Schools and Association of such Private Unaided Schools. Their grievance is directed against a Government Order dated 29.01.2021 issued by the respondent-State Government, inter alia restraining the educational institutions from 16 collecting fees for the academic year 2020-2021 in excess of 70% of the tuition fees.
2. The main ground on which the petitioners seek to challenge the impugned Government Order is that the petitioner-Institutions are Private Unaided Schools, imparting education as per the syllabus prescribed by the Central Boards such as CIE, ISCE, CBSE etc. It is contended that these Private Unaided Schools are affiliated to other Boards and not to the State Board. It is therefore contended that the impugned Government Order could not have been issued by the State Government binding the Private Unaided Schools who were not affiliated to the State Board. It is further contended that the issue as to whether the State Governments could have any say in the matter of administration, including admissions and fixing of fees in case of Private Unaided Institutions was considered by the Constitution Bench of the Apex Court in the case of T.M.A Pai Foundation & Others Vs. State of Karnataka & Others (1995) 4 SCC 1, in favour of the 17 Private Unaided Educational Institutions and more particularly, the minority institutions.
3. However, when it was contended by the learned Senior Counsel Sri Madhusudan R.Naik, on behalf of the petitioners that the issue stands covered by a decision of the Hon'ble Apex Court in the case of Indian School, Jodhpur and Another Vs. State of Rajasthan and Others, (2021) SCC OnLine SC 359, the learned Additional Advocate General Sri Dhyan Chinnappa, would admit that the Hon'ble Apex Court has declared that the State Government could not have issued such a Government Order in the guise of invoking powers conferred under the Disaster Management Act, 2005, or the State Education Act or invoking the executive powers of the State under Article 162 of the Constitution of India. However, the learned Additional Advocate General would submit that the directions given by the Hon'ble Apex Court in the case of Indian School, Jodhpur (supra) would be binding on the petitioner-Institutions and all educational institutions throughout the country including the State of 18 Karnataka. The learned Additional Advocate General would therefore, submit that the directions issued by the Hon'ble Apex Court should be followed by the petitioner- Institutions and he would invite directions at the hands of this Court to ensure the directions are complied with. Further more, the learned AAG submits that the petitioner- Institutions should not be permitted to coerce the parents or the wards to pay the school fees on the ground that what was directed by the Apex Court was to give a discount of 15%, while the State Government had directed a discount of 30%.
4. Before proceeding to direct implementation of the directions given by the Hon'ble Apex Court, it is necessary to notice that as an interim measure, this Court had directed the petitioner-Institutions to put up on their notice boards that the parents/wards who were unable to pay the complete school fees, are required to give a representation explaining their difficulties owing to the COVID-19 pandemic and restrictions placed by the State Government on the movement of the citizens as a consequence of 19 lockdown announced by the State Government. The petitioner-Institutions were directed to consider on case to case basis, such representations and that the Institutions should not coerce the parents/wards for payment of the school fees and that the Online classes should not be disrupted in respect of any of the students on the ground that they have not paid the school fee. The learned Senior Counsels representing the petitioners have submitted that the directions given by this Court have been followed and no student was disallowed to have access to the Online classes on the ground that he/she has not paid the school fees.
5. During the course of these proceedings, several parents and parents' Association have also filed impleading applications in these writ petitions seeking leave of this Court to have their say in the matter. Obviously, the parents and the parents' Association have contended that the Institutions should be directed to hear the difficulties of the parents in the matter of payment of school fee, owing 20 to the sufferings of the parents on account of COVID-19 pandemic and the lockdowns announced by the Government.
6. Now that the Hon'ble Apex Court considered similar plea raised in the case of Indian School, Jodhpur (supra), where similar Government Order issued by the State Government therein and a challenge raised to such Government Order having been considered and after hearing all stake holders including the School Managements, parents/parents' Association, the State Government, etc., the Hon'ble Apex Court concluded that the State Government was not vested with powers either under the State Education Act, the Disaster Management Act or under Article 162 of the Constitution of India. Nevertheless, the Hon'ble Apex Court has taken note of the predicament of not only the parents, but also of the educational institutions in having to pay salaries to the staff and teachers and maintain the infrastructure and has proceeded to pass certain orders. In the considered 21 opinion of this Court, the directions issued by the Apex Court would be binding on the petitioner-Institutions and all educational institutions in the State of Karnataka also.
7. In the light of the above, this Court proceeds to pass the following:
ORDER
(i) The petitioner-Institution (school Management of the concerned private unaided school) shall collect annual school fees from their students as fixed under the Act of 1995 for the academic year 2019-20, but by providing deduction of 15 per cent on that amount in lieu of unutilised facilities by the students during the relevant period of academic year 2020-21.
(ii) Regardless of the above, it will be open to the petitioners (concerned schools) to give further concession to their students or to evolve a different pattern for giving concession over and above those noted in clause (i) above.
(iii) The school Management shall not debar any student from attending either online 22 classes or physical classes on account of non-payment of fees, arrears/outstanding fees including the installments, referred to above, and shall not withhold the results of the examinations of any student on that account.
(iv) If any individual request is made by the parent/ward finding it difficult to remit annual fees for the academic year 2020-21 in the above terms, the school Management to consider such representation on case-to-
case basis sympathetically.
(v) The above arrangement will not affect collection of fees for the academic year 2021-22, as is payable by the students of the concerned school as and when it becomes due and payable.
(vi) The school Management shall not withhold the name of any student/candidate for the ensuing Board examinations for Classes X and XII on the ground of non-payment of fee/arrears for the academic year 2020-21, if any, on obtaining undertaking of the concerned parents/students.
23
In view of the disposal of these petitions, all pending Interlocutory applications do not survive for consideration and are accordingly disposed of.
Sd/-
JUDGE JT/-