Kerala High Court
Biju C.M vs The State Of Kerala on 9 February, 2021
Author: Devan Ramachandran
Bench: Devan Ramachandran
CR
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
WP(C).No.19023 OF 2020(C)
PETITIONERS:
1 BIJU C.M.
AGED 44 YEARS
S/O.MANY, KOIKKARAM PARAMBIL, KAIPADAMUKAL ROAD, VADAKODU
P.O., ERNAKULAM - 682 021. (PARENT OF LIYAM K.B.STANDARD VI
AND PRANAV K.B.STANDARD III)
2 SANUJA SADIQUE, AGED 36 YEARS,
W/O.SADHIQUE, ROBIN VILLA, CHANGAMPUZHA NAGAR P.O., EDAPPALLY
P.O., ERNAKULAM - 682 024.
(PARENT OF ATIF STANDARD V).
3 ANWAR A.I.,
AGED 31 YEARS, S/O.A.M.IBRAHIM, AYYAMBRATH HOUSE, V.K.C.P.O.,
THEVAKKAL - 682 021.
(PARENT OF AFFRINA A. STANDARD VII AND AFFAN A. STANDARD II)
4 SEENA MOL,
AGED 40 YEARS, W/O.ARUN, HARIPRIYA APPARTMENT, KUSAT P.O.,
KALAMASSERY- 683 104. (PARENT OF JAIMES JOSEPH STANDARD XII)
5 P.K.SHIVASANKARAN, AGED 48 YEARS,
S/O.KUMARAN, PEZHUGAL PARAMBIL, PALLILAMKARA, HMT COLONY P.O.
- 683 503, KALAMASSERY (PARENT OF YADHUKRISHNAN P.S. STANDARD
VIII AND DEVIKRISHNAN P.S. STANDARD IV)
6 C.A.FIROSE, AGED 46 YEARS,
S/O.ABDUL HAMEED, CHIRAKKAL HOUSE, HMT COLONY P.O.,
KALAMASSERY - 683 104.
(PARENT OF AYAN FIROSE STANDARD VI AND AMARIN FATHIMA
STANDARD III)
7 SADHIQUE N.I., AGED 41 YEARS,
S/O.IBRAHIM, NETTUKUDI HOUSE, EDATHALA NORTH P.O., ALUVA -
683 101 (PARENT OF MUHAMMED SWALIH STANDARD II)
BY ADV. SRI.S.SHYAM KUMAR
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF EDUCATION, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 CENTRAL BOARD OF SECONDARY EDUCATION,
SHIKSHA KENDRA 2, COMMUNITY CENTRE, PREET VIHAR, DELHI - 110
092, REPRESENTED BY ITS CHAIRMAN. OFFICE CAMPUS, PATTOM,
THIRUVANANTHAPURAM - 695 004.
WP(C).No.19023 OF 2020&CONN.CASES
2
3 DEPUTY DIRECTOR OF EDUCATION,
ERNAKULAM DISTRICT, CIVIL STATION, KAKKANAD P.O.,
ERNAKULAM - 682 030.
4 ST.JOSEPH PUBLIC SCHOOL,
MANALIMUKKU, N.A.D P.O., ERNAKULAM - PIN - 683 563,
REPRESENTED BY ITS PRINCIPAL.
5 THE REGIONAL OFFICER,
CENTRAL BOARD OF SECONDARY EDUCATION,
REGIONAL OFFICE AT THIRUVANANTHAPURAM, BLOCK B, 2ND FLOOR,
LIC DIVISIONAL, THIRUVANANTHAPURAM - 695 001.
BY SMT.NISHA BOSE - SR.GP
BY SRI.NIRMAL S., SC
BY ADV. DR.K.P.SATHEESAN (SR.)
BY ADV. SRI.P.MOHANDAS (ERNAKULAM)
BY ADV. SRI.K.SUDHINKUMAR
BY ADV. SRI.S.K.ADHITHYAN
BY ADV. SRI.SABU PULLAN
BY ADV. SRI.GOKUL D. SUDHAKARAN
BY ADV. TPM.IBRAHIM KHAN (SR.)
BY ADV. SMT.ANILA UMESH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.02.2021,
ALONG WITH WP(C).19328/2020(M) AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).No.19023 OF 2020&CONN.CASES
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
WP(C).No.21042 OF 2020(E)
PETITIONERS:
1 MUHAMMED SHIJEER P.B.,
AGED 35 YEARS
S/O BASHEER P.S.,
PULICKAL HOUSE, KAKKANATTIL ROAD, CHULIKATTU JUMA MASJIDH
THEKKUMBHAGOM-683580,
(PARENT OF MUHAMMED ZAYAN STANDARD III AND MUHAMMED RAYAN
UKG)
2 ANWAR P.H.
AGED 46 YEARS
PALLATHU KADAVIL,
THURAVANKARA,
KIZHAKKUMBHAGAM-683575
(PARENT OF HANA ANWAR, STANDARD X ,
HAMNA ANWAR, STANDARD V)
3 AHAMMED A.A
AGED 43 YEARS
S/O ABDUL RAHMAN V.M.
AMBATTUKUDY, PURAYAR ROAD,
DESOM P.O,
UNION CHRISTIAN COLLEGE-683102
(PARENT OF RIHAN AHMED, STANDARD VIII, MINHA FATHIMA,
STANDARD V, HAMDA FATHIMA A.A. STANDARD LKG)
4 ABUBAKKER P.B
AGED 54 YEARS
S/O P.A. BEERAVOO,
PUBLICKAL HOUSE,
SREEMOOLANAGARAM P.O,
THEKKUMBHAGOM,
ERNAKULAM-683580
(PARENT OF NIHAL ABUBAKKER STANDARD X)
WP(C).No.19023 OF 2020&CONN.CASES
4
BY ADVS.
SMT.BINDUMOL JOSEPH
SRI.B.S.SYAMANTHAK
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF EDUCATION,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 CENTRAL BOARD OF SECONDARY EDUCATION
SHIKSHA KENDRA 2, COMMUNITY CENTRE, PREET VIHAR,
DELHI-110092,
REPRESENTED BY ITS CHAIRMAN.
3 THE REGIONAL OFFICER
CENTRAL BOARD OF SECONDARY EDUCATION,
REGIONAL OFFICE AT THIRUVANANTHAPURAM, BLOCK B, 2ND FLOOR,
LIC DIVISIONAL OFFICE CAMPUS, PATTOM,
THIRUVANANTHAPURAM-695004.
4 DEPUTY DIRECTOR OF EDUCATION
ERNAKULAM DISTRICT, CIVIL STATION, KAKKANAD P.O,
ERNAKULAM-682030.
5 AL-AMEEN PUBLIC SCHOOL
REPRESENTED BY ITS MANAGER, SREEMOOLANAGARAM,
ERNAKULAM-683580.
6 PRINCIPAL
AL-AMEEN PUBLIC SCHOOL,
SREEMOOLANAGARAM,
ERNAKULAM-683580.
BY SMT.NISHA BOSE -SR.GP
BY SRI.NIRMAL S., SC
BY ADV. SRI.A.A.MOHAMMED NAZIR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.02.2021,
ALONG WITH WP(C).19023/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.19023 OF 2020&CONN.CASES
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
WP(C).No.21460 OF 2020(F)
PETITIONERS:
1 SHABU K.K
AGED 49 YEARS
S/O.KUTTAN, KURUMBADAN HOUSE, CHEMMANDA, KARALAM P.O.,
(PARENT OF DARSHAN K.SHABU, STANDARD III).
2 PRATHAPAN.N.T.
S/O.THAKAPPAN, NEDUVILAPARAMBIL HOUSE, AMBALANADA P.O.,
PULLUR, IRINJALAKKUDA, THRISSUR (PARENT OF INDIRAVARADHA
PRATHAP, STANDARD I).
3 SHINE.T.B.
S/O.BHARATHAN.T., THRITHANI HOUSE, KORUMBISSERY ROAD,
IRINJALAKKUDA, THRISSUR (PARENT OF NIVEDYA.T.S., STANDARD
III).
4 BIJU.K.G.
KATTILAPARAMBIL HOUSE, KORUMBISSERY, IRINJALAKUDA, THRISSUR
(PARENT OF GANASHYA.K.B., STANDARD III).
5 SIJO,
S/O.CHIRAMAL, EDATHIRUTHIKARAN AZAD ROAD, IRINJALAKUDA,
THRISSUR, (PARENT OF ALEENA.C.S., STANDARD I).
6 SHIBU.C.
CHAKANCHATTIL HOUSE, KIZHTHANI,. THANISSERY P.O., THRISSUR
(PARENT OF VENIKA S.MENON, STANDARD III).
BY ADV. SRI.VISHNUPRASAD NAIR
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF EDUCATION,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
WP(C).No.19023 OF 2020&CONN.CASES
6
2 CENTRAL BOARD OF SECONDARY EDUCATION,
SHIKSHA KENDRA 2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110
092, REPRESENTED BY ITS CHAIRMAN, OFFICE CAMPUS, PATTOM,
THIRUVANANTHAPURAM-695 004.
3 DEPUTY DIRECTOR OF EDUCATION,
ERNAKULAM DISTRICT, CIVIL STATION, KAKKANAD P.O.,
ERNAKULAM-682 030.
4 SHANTHINIKETHAN PUBLIC SCHOOL,
IRINJALAKUDA, CBSE NO.930324, THRISSUR DISTRICT-680 121,
REPRESENTED BY ITS PRINCIPAL.
5 THE REGIONAL OFFICER,
CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFIFCE AT
THIRUVANANTHAPURAM, BLOCK B, 2ND FLOOR, LIC DIVISION.
BY SMT.NISHA BOSE-SR.GP
BY SRI.NIRMAL S., SC
BY ADV. DR.K.P.SATHEESAN (SR.)
BY ADV. SRI.P.MOHANDAS (ERNAKULAM)
BY ADV. SRI.K.SUDHINKUMAR
BY ADV. SRI.S.K.ADHITHYAN
BY ADV. SRI.SABU PULLAN
BY ADV. SRI.GOKUL D. SUDHAKARAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.02.2021,
ALONG WITH WP(C).19023/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.19023 OF 2020&CONN.CASES
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
WP(C).No.22186 OF 2020(W)
PETITIONERS:
1 NISHA P.M.,
AGED 37 YEARS
W/O. UNNIKRISHNAN, 7/435., MANGATTUMALAYIL, MADAKKATHANAM-
686670, (PARENT OF SANDRA UNNIKRISHNAN STANDARD VI D, AND
SRIDA UNNIKRISHNAN LKG)
2 RETHEESH K R
AGED 40 YEARS
S/O. RAVEENDRAN NAIR, KOYIKKAMATTATHIL HOUSE,
KUMARAMAMGALAM P O, THODUPUZHA, IDUKKI - 685608, (PRENT OF
NANTHANA R. NAIR, STANDARD VI C AND NANTHAJA R.NAIR,
STANDARD II E)
3 MAHESH P.K
AGED 37 YEARS
S/O. KRISHNANKUTTY, POOVELIL HOUSE, VENGALLOOR P O,
THODUPUZHA, (PARENT OF INDRAJITH MAHESH, STANDARD IV D)
BY ADVS.
SMT.BINDUMOL JOSEPH
SRI.B.S.SYAMANTHAK
SHRI.SRIVIDYA K
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF EDUCATION,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.
2 CENTRAL BOARD OF SECONDARY EDUCATION
SHIKSHA KENDRA 2, COMMUNITY CENTRE, PREET VIHAR, DELHI -
110092, REPRESENTED BY ITS CHAIRMAN.
3 THE REGIONAL OFFICER
CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE AT
THIRUVANANTHAPURAM, BLOCK B, 2ND FLOOR, LIC DIVISIONAL
OFFICE CAMPUS, PATTOM. THIRUVANANTHAPURAM - 695004.
WP(C).No.19023 OF 2020&CONN.CASES
8
4 DEPUTY DIRECTOR OF EDUCATION
DISTRICT EDUCATION OFFICE COMPLEX, IDUKKI - 685584.
5 CO-OPERATIVE PUBLIC SCHOOL
VENGALLOOR PO, THODUPUZHA, IDUKKI - 683580, REPRESENTED BY
ITS MANAGER.
6 PRINCIPAL
CO-OPERATIVE PUBLIC SCHOOL, VENGALLOOR PO, THODUPUZHA,
IDUKKI - 683580,
7 THE THODUPUZHA TALUK
THODUPUZHA, IDUKKI - 685584, REPRESENTED BY ITS SECRETARY.
BY SMT.NISHA BOSE-SR.GP
BY SRI.NIRMAL S., SC
BY ADV. SRI.CYRIAC KURIAN
BY ADV. SRI.SUJITH MATHEW JOSE
BY ADV. SRI.GEORGE CHERIAN (SR.)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.02.2021,
ALONG WITH WP(C).19023/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.19023 OF 2020&CONN.CASES
9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
WP(C).No.23222 OF 2020(C)
PETITIONERS:
1 SAMEER K.A.
AGED 36 YEARS
S/O. ABDUL AZEES, KONNICKAL HOUSE, MADAKKATHANAM P.O.,
VAZHAKULAM, MUVATTUPUZHA TALUK, PIN-686 670, THE PRESENT
PRESIDENT OF CO-OPERATIVE PUBLIC SCHOOL PARENTS FORUM
2 KENNADY JAMES
AGED 45 YEARS
S/O. CHACKO, KANNEETTIL HOUSE, MADAKKATHANAM P.O.,
VAZHAKULAM, MUVATTUPUZHA TALUK, PIN-686 670, THE PRESENT
SECRETARY OF CO-OPERATIVE PUBLIC SCHOOL PARENTS FORUM
BY ADVS.
SRI.JOHN JOSEPH(ROY)
SRI.RUSSEL JOY
RESPONDENTS:
1 CENTRAL BOARD OF SECONDARY EDUCATION
SHIKSHA KENDRA-2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110
092, REPRESENTED BY ITS CHAIRMAN
2 THE REGIONAL OFFICER,
CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE AT
THIRUVANANTHAPURAM, BLOCK-B, 2ND FLOOR, LIC DIVISIONAL
OFFICE CAMPUS, PATTOM, THIRUVANANTHAPURAM-695 004
3 CO-OPERATIVE PUBLIC SCHOOL,
VENGALOORE P.O., THODUPUZHA, IDUKKI DISTRICT-683 580,
REPRESENTED BY ITS MANAGER
4 THE PRINCIPAL
CO-OPERATIVE PUBLIC SCHOOL, VENGALOORE P.O.,THODUPUZHA,
IDUKKI DISTRICT -683 580.
WP(C).No.19023 OF 2020&CONN.CASES
10
5 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVT., GENERAL EDUCATION
DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM-695 001
BY SRI.NIRMAL S., SC
BY SMT.NISHA BOSE -SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.02.2021,
ALONG WITH WP(C).19023/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.19023 OF 2020&CONN.CASES
11
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
WP(C).No.23443 OF 2020(E)
PETITIONERS:
1 VIJAYAMOHANAN K.
AGED 43 YEARS
S/O.KRISHNAN, SAI KRISHNA, PATTACHERY P.O., VANDITHAVLAM,
PALAKKAD DISTRICT.
2 C.K.SASI
S/O.KESAVAN, SARITHA NIVAS, THATHAMANGALAM P.O., PALAKKAD
DISTRICT
3 R.RAVI
S/O.RAMAKRISHNAN, VELLARAMKADAVU, MUTHALAMADA P.O.,
PALAKKAD DISTRICT
4 M.SACHINDRAN
AGED 52 YEARS
KUNDALAKULAMBU HOUSE, CHULLIYAR DAM, MUTHALAMADA P.O.,
PALAKKAD DISTRICT
5 RATHISH K.V.
S/O.VIJAYAN, KOTTAKKAL HOUSE, MELARCODE P.O., PALAKKAD
DISTRICT
6 JINESH T.B.
S/O.BALAKRISHNAN, THUMBIDY HOUSE, KARIMKULAM, ELAVANCHERY
P.O., PALAKKAD DISTRICT
BY ADV. DR.GEORGE ABRAHAM
RESPONDENTS:
1 STATE OF KERALA
REP.BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-14
2 DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM-14
WP(C).No.19023 OF 2020&CONN.CASES
12
3 DEPUTY DIRECTOR OF EDUCATION
CIVIL STATION, PALAKKAD-678 001
4 CHINMAYA VIDAYALAYA
THATHAMANGALAM, REP. BY ITS PRINCIPAL THATHAMANGALAM P.O.,
PALAKKAD DISTRICT
5 CHINMAYA VIDYALAYA
KOLLAMCODE, REP.BY ITS PRINCIPAL, KOLLAMCODE P.O., PALAKKAD
DISTRICT
6 CHINMAYA VIDYALAYA PALLVOOR
REP. BY ITS PRINCIPAL, PALLAVOOR P.O., PALAKKAD DISTRICT
7 MANAGING TRUSTEE
CHINMAYA MISSION TRUST, THAPOVANAM, NEAR GOVT. VICTORIA
COLLEGE, PALAKKAD
8 CENTRAL BOARD OF SECONDARY EDUCATION
REGIONAL OFFICE, BLOCK B, 2ND FLOOR, L.I.C. DIVISIONAL
OFFICE CAMPUS, PATTOM, THIRUVANANTHAPURAM, KERALA-695 004,
REP. BY ITS REGIONAL OFFICER
BY SMT.NISHA BOSE-SR.GP
BY ADV. DR.K.P.SATHEESAN (SR.)
BY ADV. SRI.SUSEEL M.MENON
BY SRI.NIRMAL S., SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.02.2021,
ALONG WITH WP(C).19023/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.19023 OF 2020&CONN.CASES
13
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
WP(C).No.23915 OF 2020(L)
PETITIONERS:
1 ABOOBACKER M.B.
AGED 42 YEARS
MUNDETH HOUSE, MUDICKAL, PERUMBAVOOR-683547
(PARENT OF FATHIMA FARHATH, LKG STUDENT, DIVISION-A)
2 NISHA THAHIR
PARAPPURAM HOUSE, EDAYAPPURAM, ALUVA-683101
(PARENT OF MUHAMMED NIHAL, UKG STUDENT, DIVISION-B)
3 RAFEEQUE K P
KARIELI HOUSE, MOULOODPURA, MUDICKAL, PALLICKAVALA,
PERUMBAVOOR-683547
(PARENT OF FABIYA PARVEEN, UKG STUDENT, DIVISION-B)
4 HILARUDEENPATHANAYATHPAREED
AGED 41 YEARS
S/O PAREED, PATHANAYATH HOUSE, KUNJATTUKARA, ALUVA,
EDATHALA NORTH, ALUVA-683561.
(PARENT OF HAYAN P H, STANDARD-4, DIVISION-B)
BY ADV. SRI.K.I.SAGEER
RESPONDENTS:
1 THE PRINCIPAL
CRESCENT PUBLIC SCHOOL, THOTTUMUGHOM, ALUVA,
ERNAKULAM-683105.
2 CENTRAL BOARD OF SECONDARY EDUCATION
REPRESENTED BY ITS CHAIRMAN, SHIKSHA KENDRA 2, COMMUNITY
CENTRE, PREET VIHAR, DELHI-110092.
3 THE REGIONAL OFFICER
CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE AT
THIRUVANANTHAPURAM, BLOCK B, 2ND FLOOR, LIC DIVISIONAL
OFFICE CAMPUS, PATTOM, THIRUVANANTHAPURAM-695004.
WP(C).No.19023 OF 2020&CONN.CASES
14
4 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
BY ADV. DR.K.P.SATHEESAN (SR.)
BY ADV. SRI.P.MOHANDAS (ERNAKULAM)
RBY ADV. SRI.K.SUDHINKUMAR
BY ADV. SRI.S.K.ADHITHYAN
BY ADV. SRI.SABU PULLAN
BY SRI.NIRMAL S., SC
BY SMT.NISHA BOSE-SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.02.2021,
ALONG WITH WP(C).19023/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.19023 OF 2020&CONN.CASES
15
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
WP(C).No.24046 OF 2020(E)
PETITIONERS:
1 SHAHARBAN.R.M
AGED 14 YEARS
D/O.KABEER, CLASS IX STUDENT, LEMER PUBLIC SCHOOL,
THRIPRAYAR, REPRESENTED BY HER MOTHER, SHAMIHA MUHAMMED
KABEER, RESIDING AT RAYAMMARAKKAR VEETTIL, P.O.VADANAPALLY,
THRISSUR-680614.
2 SHABANA MUHAMMED KABEER,
AGED 11 YEARS
D/O.KABEER, CLASS VI STUDENT, LEMER PUBLIC SCHOOL,
THRIPRAYAR, REPRESENTED BY HER MOTHER, SHAMIHA MUHAMMED
KABEER, RESIDING AT RAYAMMARAKKAR VEETTIL, P.O.VADANAPALLY,
THRISSUR-680614.
3 ABDUL KADER,
AGED 4 YEARS
S/O.KABEER, LKG STUDENT, LEMER PUBLIC SCHOOL, THRIPRAYAR,
REPRESENTED BY HIS MOTHER, SHAMIHA MUHAMMED KABEER,
RESIDING AT RAYAMMARAKKAR VEETTIL, P.O.VADANAPALLY,
THRISSUR-680614.
4 AZMI A.N.,
AGED 14 YEARS
D/O.NOUSHAD A.A., CLASS IX STUDENT, LEMER PUBLIC SCHOOL,
THRIPRAYAR, REPRESENTED BY HER FATHER NOUSHAD A.A.,
S/O.ARAKKAVEETTIL ABDUL RAZAK, ARAKKAL HOUSE,
P.O.VADANAPALLY, THRISSUR -680614.
5 ADWAID MANOJ,
AGED 14 YEARS
S/O.K.V.MANOJ KUMAR, CLASS IX STUDENT, LEMER PUBLIC SCHOOL,
THRIPRAYAR, REPRESENTED BY HIS FATHER K.V.MANOJ KUMAR,
RESIDING AT KUNNATH HOUSE, THAMBANKADAVU, THALIKKULAM,
THRISSUR-680569.
WP(C).No.19023 OF 2020&CONN.CASES
16
6 HRIDAY P.U.,
AGED 14 YEARS
S/O.UNMESH P.K., CLASS IX STUDENT, LEMER PUBLIC SCHOOL,
THRIPRAYAR, REPRESENTED BY HIS FATHER UNMESH P.K.,
PADINJARE PURAKKAL, THALIKULAM, THRISSUR-680569.
7 SAGARIKA,
AGED 14 YEARS
D/O.RAJEESH P.B., CLASS IX STUDENT, LEMER PUBLIC SCHOOL,
THRIPRAYAR, REPRESENTED BY HER FATHER RAJEESH P.B.,
PADATHIPARAMBIL HOUSE, NATTIKA, THRISSUR-680566.
BY ADVS.
SRI.V.HARISH
SRI.RAJAN VISHNURAJ
RESPONDENTS:
1 CENTRAL BOARD OF SECONDARY EDUCATION
SHIKSHA KENDRA 2, COMMUNITY CENTRE, PREET VIHAR, DELHI-
110092, REPRESENTED BY ITS CHAIRMAN.
2 THE REGIONAL OFFICER,
CENTRAL BOARD OF SECONDARY EDUCATION, B BLOCK, 2ND FLOOR,
LIC DIVISIONAL, THIRUVANANTHAPURAM-695001.
3 LEMER PUBLIC SCHOOL,
NH 47, TRIPRAYAR, THRISSUR DISTRICT-680567, REPRESENTED BY
ITS PRINCIPAL.
BY SRI.NIRMAL S., SC
BY ADV. SRI.B.J.JOHN PRAKASH
BY ADV. SRI.P.PRAMEL
BY ADV. SMT.JENCY JOSE
BY ADV. SHRI.IMTHIYAS AHAMMED N.K
BY ADV. SRI.JOSEPH KODIANTHARA (SR.)
BY.SRI.P.M.MANOJ-SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.02.2021,
ALONG WITH WP(C).19023/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.19023 OF 2020&CONN.CASES
17
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
WP(C).No.25632 OF 2020(D)
PETITIONERS:
1 SANJEEV KUMAR G.
AGED 44 YEARS
S/O GOVINDA PANICKER, PUTHENPURAYIL HOUSE, AROOKUTY,
CHERTHALA, ALAPPUZA DISTRICT-688524(PARENT OF ARADHYA
SANJEEV-STD-VI A)
2 AJITH KUMAR A V
AGED 42 YEARS
S/O VELAYUDHAN,
AJITH NIVAS,
PANAVALLY P O,
CHERTHALA,
ALAPPUZHA DISTRICT-688526.
(PARENT OF VARUN KRISHNA-STD III-A)
3 SABEER
AGED 38 YEARS
S/O MUHAMMED,
KARACHIRA, THRICHATTUKULAM P O, CHETHALA,
ALAPPUZHA DISTRICT-688535.
(PARENT OF ADHIL ATHIF-STD-IV-A)
4 SAKARIYA M M
AGED 45 YEARS
S/O MUHAMMED M K,
MANAKKATTU HOUSE, AROOKUTTY P O, CHERTHALA, ALAPPUZHA
DISTRICT-688535.
(PARENT OF JENNATHUL ALIYA STD.II-B)
5 RATHEESH R
AGED 42 YEARS
SREENILAYAM,
NADUVATH NAGAR P O,, CHERTHALA, ALAPPUZHA DISTRICT-688535
(PARENT OF NIRANJAN RATHEESH-STD VI-A)
WP(C).No.19023 OF 2020&CONN.CASES
18
6 SURESH KUMAR T V
AGED 40 YEARS
KAVETH,
THRICHATTUKULAM P O, PANAVALLY,
ALAPPUZHA DISTRCT-688535
(KASHINADHAN K S.V-A)
7 ABDUL JABBAR M K
AGED 42 YEARS
S/O KUNJOPILLA M M,
MADATHUMMURIYIL HOUSE, THRICHATTUKULAM P O, ALAPPUZHA
DISTRICT-688535.
(PARENT OF ASNA ISMATH STD.V-B)
8 PRAMOD C A
AGED 41 YEARS
S/O ARAVINDHAN, CHILAMBASSERIL, VADUTHALAJETTY P O,
AROOKUTTY, ALAPPUZHA DISTRICT-688535.
(PARENT OF DEVIKA C P STD VI-B).
9 NIYAS V P
AGED 40 YEARS
S/O K M PAREETH, PADINJARE PEEDIKAPPARAMBU,
NADUVATH NAGAR P O,
AROOKUTTY,
CHERTHALA-688524.
(PARENT OF MOHAMMED KANZ NIYAS STD.III-B AND MOHAMMED
KAFEEL NIYAS (UKG-C)
10 BIDIN
AGED 37 YEARS
S/O M C DEVAKARAN, MUNNOORPALLY HOUSE, NADVATH NAGAR PO,
CHERTHALA, ALAPPUZHA DISTRICT-688524
(PARENT OF DURGA MB STD.III-B)
BY ADVS.
SRI.RAAJESH S.SUBRAHMANIAN
SRI.V.R.RAJESH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF EDUCATION,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 CENTRAL BOARD OF SECONDARY EDUCATION
SHIKSHA KENDRA 2,
COMMUNITY CENTRE,
PREET VIHAR, DELHI-110092, REPRESENTED BY ITS CHAIRMAN,
OFFICE CAMPUS, PATTOM, THIRUVANANTHAPURAM-695004.
WP(C).No.19023 OF 2020&CONN.CASES
19
3 DEPUTY DIRECTOR OF EDUCATION
ERNAKULAM DISTRICT,
CIVIL STATION, KAKKANAD P O, ERNAKULAM-682030.
4 NADVATHUL ISLAM ENGLISH SCHOOL(NIES)
AROOKUTTY,
NADUVATU NAGAR P O,
CHERTHALA, ALAPPUZHA DISTRICT-685256.
5 THE REGIONAL OFFICER
CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE BLOCK
B, 2ND FLOOR, LIC DIVISION, THIRUVANANTHAPURAM-695001.
6 DISTRICT COLLECTOR
COLLECTORATE,
ALAPPUZHA-688001.
BY SMT.NISHA BOSE-SR.GP
BY SRI.NIRMAL S., SC
BY ADV. DR.K.P.SATHEESAN (SR.)
BY ADV. SRI.P.MOHANDAS (ERNAKULAM)
BY ADV. SRI.K.SUDHINKUMAR
BY ADV. SRI.S.K.ADHITHYAN
BY ADV. SRI.SABU PULLAN
BY ADV. SRI.GOKUL D. SUDHAKARAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.02.2021,
ALONG WITH WP(C).19023/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.19023 OF 2020&CONN.CASES
20
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
WP(C).No.25677 OF 2020(H)
PETITIONERS:
1 NITHARA UTHAMAN
AGED 7 YEARS
D/O. UTHAMAN CLASS II STUDENT, LEMER PUBLIC SCHOOL,
REPRESENTED BY HER MOTHER, DIVYA UTHAMAN, RESIDING AT
ODAMPILLY VEETIL, P.O,KALADY, ERNAKULAM - 683574.
2 NAITHIKA UTHAMAN
AGED 4 YEARS
D/O. UTHAMAN CLASS LKG STUDENT, LEMER PUBLIC SCHOOL,
REPRESENTED BY HER MOTHER, DIVYA UTHAMAN, RESIDING AT
ODAMPILLY VEETIL, P.O,KALADY, ERNAKULAM - 683574.
3 RISHAN RIYADH
AGED 10 YEARS
S/O. RIYADH YUSUF, CLASS V STUDENT, LEMER PUBLIC SCHOOL,
REPRESENTED BY HIS MOTHER, RASHMI RIYADH, RESIDING AT
PANIKKAVEETTIL PAYYAKKAL HOUSE.P.O. PADOOR, THRISSUR -
680524.
4 RAEEZA RIYADH
AGED 5 YEARS
S/O. RIYADH YUSUF, CLASS UKG STUDENT, LEMER PUBLIC SCHOOL,
REPRESENTED BY HER MOTHER, RASHMI RIYADH, RESIDING AT
PANIKKAVEETTIL PAYYAKKAL HOUSE.P.O. PADOOR, THRISSUR -
680524.
5 SHAHAANA T.S
AGED 17 YEARS
D/O. SHIHABUDHEEN T.H, CLASS XII STUDENT, LEMER PUBLIC
SCHOOL, REPRESENTED BY HER MOTHER SHAMEERA SHIHABUDHEEN
RESIDING AT THALIKULAM HOUSE, P.O, INCHAMUDI, THRISSUR -
680564.
WP(C).No.19023 OF 2020&CONN.CASES
21
6 MUHAMMED SHAHID T.S
AGED 13 YEARS
S/O. SHIHABUDHEEN T.H, CLASS VIII STUDENT, LEMER PUBLIC
SCHOOL, REPRESENTED BY HIS MOTHER SHAMEERA SHIHABUDHEEN
RESIDING AT THALIKULAM HOUSE, P.O, INCHAMUDI, THRISSUR -
680564.
7 NEERAV V.R,
AGED 5 YEARS
S/O. RANJITH KUMAR V.P, CLASS UKG STUDENT LEMER PUBLIC
SCHOOL, THRIPRAYAR, REPRESENTED BY MOTHER SEENA RANJITH,
RESIDING AT VALLATH HOUSE, P.O, THALIKULAM, THRISSUR -
680569.
8 GOURISANKAR K.S
AGED 8 YEARS
S/O. SURESH BABU, CLASS III STUDENT, LEMER PUBLIC SCHOOL,
REPRESENTED BY HIS MOTHER SAVITHA C.R, RESIDING AT
KUNATHARA HOUSE P.O, THANNIAM, THRISSUR - 680565.
9 DRUVAN K.R
AGED 5 YEARS
S/O. RATHEESH KUMAR, CLASS UKG STUDENT, LEMER PUBLIC
SCHOOL, THRIPRAYAR, REPRESENTED BY HIS MOTHER, LAKSHMIDEVI
K.S. RESIDING AT KOZHIPARAMBIL HOUSE, P O KAIPAMANGALAM,
THRISSUR - 680681.
10 FATHIMA K.A
AGED 13 YEARS
D/O. AKBAR, CLASS VIII STUDENT, LEMER PUBLIC SCHOOL,
REPRESENTED BY HER MOTHER, NASEEMA, RESIDING AT KARUPPAM
VEETTIL, P.O, CHENTRAPPINNI, THRISSUR - 680687.
11 AISHA SUHAIB
AGED 10 YEARS
D/O. SUBAIB, CLASS IV STUDENT, LEMER PUBLIC SCHOOL,
THRIPRAYAR, REPRESENTED BY HER MOTHER, JUMANA HASSIN,
RESIDING AT KARIADATH THAZHATH HOUSE, P.O, GURUVAYUR,
THRISSUR - 680101.
12 FAHEEM SUHAIB
AGED 8 YEARS
S/O. SUBAIB, CLASS II STUDENT, LEMER PUBLIC SCHOOL,
THRIPRAYAR, REPRESENTED BY HIS MOTHER, JUMANA HASSIN,
RESIDING AT KARIADATH THAZHATH HOUSE, P.O, GURUVAYUR,
THRISSUR - 680101.
WP(C).No.19023 OF 2020&CONN.CASES
22
13 FATHIMA SUHAIB
AGED 5 YEARS
D/O. SUBAIB, CLASS UKG STUDENT, LEMER PUBLIC SCHOOL,
THRIPRAYAR, REPRESENTED BY HER MOTHER, JUMANA HASSIN,
RESIDING AT KARIADATH THAZHATH HOUSE, P.O, GURUVAYUR,
THRISSUR - 680101.
14 ARNAV M ARUN
AGED 5 YEARS
S/O. ARUN M.S, CLASS UKG STUDENT, LEMER PUBLIC SCHOOL,
THRIPRAYAR, REPRESENTED BY HIS MOTHER SIKHA ARUN, RESIDING
AT MAKKOTH HOUSE P.O.KANDASSANKADAVU, THRISSUR - 680613,
15 NIVEDITA SUNIL
AGED 9 YEARS
D/O. SUNIL, CLASS IV STUDENT, LEMER PUBLIC SCHOOL,
THRIPRAYAR, REPRESENTED BY HER MOTHER, SHABEENA, RESIDING
AT NAMBIPAREECHI HOUSE, P.O.VATANAPPALLY, THRISSUR -
680614.
16 NIVED SUNIL
AGED 7 YEARS
S/O. SUNIL, CLASS I STUDENT, LEMER PUBLIC SCHOOL,
THRIPRAYAR, REPRESENTED BY HIS MOTHER, SHABEENA, RESIDING
AT NAMBIPAREECHI HOUSE, P.O.VATANAPPALLY, THRISSUR -
680614.
BY ADVS.
SRI.V.HARISH
SRI.RAJAN VISHNURAJ
RESPONDENTS:
1 CENTRAL BOARD OF SECONDARY EDUCATION
SHIKSHA KENDRA 2, COMMUNITY CENTRE, PREET VIHAR, DELHI -
110092, REPRESENTED BY ITS CHAIRMAN.
2 THE REGIONAL OFFICER,
CENTRAL BOARD OF SECONDARY EDUCATION, B BLOCK, 2ND
FLOOR.LIC DIVISIONAL, THIRUVANANTHAPURAM - 695001.
3 LEMER PUBLIC SCHOOL,
NH 17, TRIPRAYAR, THRISSUR DISTRICT - 680567, REPRESENTED
BY ITS PRINCIPAL.
4 STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL
EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM- 695001.
WP(C).No.19023 OF 2020&CONN.CASES
23
BY SRI.NIRMAL S., SC
BY ADV. SRI.JOSEPH KODIANTHARA (SR.)
BY ADV. SRI.B.J.JOHN PRAKASH
BY ADV. SRI.P.PRAMEL
BY ADV. SMT.JENCY JOSE
BY ADV. HANNIYA ROSE PAULSON
BY SRI.P.M.MANOJ-SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.02.2021,
ALONG WITH WP(C).19023/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.19023 OF 2020&CONN.CASES
24
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
WP(C).No.25729 OF 2020(M)
PETITIONERS:
1 SOUPARNIKA S.,
AGED 41 YEARS
D/O.SANU CHANDRAMOHAN, RESHMA BHAVAN, MAYYANAD P.O., KOLLAM
REPRESENTED BY HER FATHER AND GUARDIAN SANU CHANDRAMOHAN,
S/O.CHANDRAMOHAN, RESHMA BHAVAN, MAYYANAD P.O., KOLLAM.
2 SHIVANAND.S,
S/O.SANU CHANDRAMOHAN, RESHMA BHAVAN, MAYYANAD P.O., KOLLAM
REPRESENTED BY HER FATHER AND GUARDIAN SANU CHANDRAMOHAN,
S/O.CHANDRAMOHAN, RESHMA BHAVAN, MAYYANAD P.O., KOLLAM.
BY ADVS.
SRI.M.KIRANLAL
SRI.MANU RAMACHANDRAN
SRI.T.S.SARATH
SRI.R.RAJESH (VARKALA)
SHRI.SAMEER M NAIR
RESPONDENTS:
1 STATE OF KERALA
REP. BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIATE,
THIRUVANANTHAPURAM-695001.
2 THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF EDUCATION, GOVERNMENT SECRETARIATE,
THIRUVANANTHAPURAM-695001.
3 THE CENTRAL BOARD OF SECONDARY EDUCATION,
SHIKSHA KENDRA AND COMMUNITY CENTRE, PREET VIHAR, DELHI-
10092, REPRESENTED BY ITS SECRETARY.
4 THE PRINCIPAL,
SREE NARAYANA PUBLIC SCHOOL, VADAKKEVILA P.O., KOLLAM-
691020.
WP(C).No.19023 OF 2020&CONN.CASES
25
5 THE SECRETARY,
SREE NARAYANA PUBLIC SCHOOL, VADAKKEVILA P.O., KOLLAM-
691020.
BY SRI.NIRMAL S., SC
BY ADV. SRI.B.RENJITHKUMAR
BY ADV. SRI.T.PRADEEP KUMAR
BY SMT.NISHA BOSE-SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.02.2021,
ALONG WITH WP(C).19023/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.19023 OF 2020&CONN.CASES
26
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
WP(C).No.26178 OF 2020(V)
PETITIONERS:
1 D.VINOD
AGED 46 YEARS
S/O.DRUVAN, PUTHENVEETTIL, KARUVATTAMKUZHY,
KAREELEKULANGARA P.O., ALAPPUZHA 690 572 (PARENT OF DEVAN
V. STD VI)
2 DILEEP KUMAR
AGED 42 YEARS
S/O.VIBEESHANAN, DINESHBHAVANAM, PATHIYOOR WEST,
KAREELEKULANGARA P.O., ALAPPUZHA 690 572 (PARENT OF DEVIKA
DILEEP STD VIII)
3 PRATHAPAN
AGED 43 YEARS
S/O.RAJAPPAN, MINBHAVANAM, MUTHUKULAM SOUTH P.O.,
MUTHUKULAM (PARENT OF JEWEL PRATHAP-STD VIII)
BY ADV. SRI.MANSOOR.B.H.
RESPONDENTS:
1 STATE OF KERALA
REP.BY ITS SECRETARY, DEPARTMENT OF EDUCATION, SECRETARIAT,
THIRUVNANATHAPURAM-695 001
2 CENTRAL BOARD OF SECONDARY EDUCATION
SHIKSHA KENDRA 2, COMMUNITY CENTRE, PREET VIHAR, DELHI- 110
092, REP. BY ITS CHAIRMAN, OFFICE CAMPUS, PATTOM,
THIRUVANANTHAPURAM-695 004
3 DEPUTY DIRECTOR OF EDUCATION
ALAPPUZHA DISTRICT, CIVIL STATION, ALAPPUZHA-688 001
4 PRINCIPAL
JANASAKTHI PUBLIC SCHOOL, VELANCHIRA PATTOLI MARKET P.O.,
KAYAMKULAM, ALAPPUZHA DISTRICT-685 256
WP(C).No.19023 OF 2020&CONN.CASES
27
5 THE REGIONAL OFFICER
CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE BLOCK
B, 2ND FLOOR, LIC DIVISION, THIRUVANATHAPURAM-695 001
6 DISTRICT COLLECTOR
COLLECTORATE, ALAPPUZHA -688 001
BY SMT.NISHA BOSE-SR.GP
BY SRI.NIRMAL S., SC
BY ADV. DR.K.P.SATHEESAN (SR.)
BY ADV. SRI.P.MOHANDAS (ERNAKULAM)
BY ADV. SRI.K.SUDHINKUMAR
BY ADV. SRI.S.K.ADHITHYAN
BY ADV. SRI.SABU PULLAN
BY ADV. SRI.GOKUL D. SUDHAKARAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.02.2021,
ALONG WITH WP(C).19023/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.19023 OF 2020&CONN.CASES
28
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
WP(C).No.26306 OF 2020(K)
PETITIONERS:
1 SHAMSUDHEEN C
AGED 46 YEARS
S/O. MOIDUTTY, CHOLAYIL HOUSE, P.O. THRIKANAPPURAM SOUTH
VIA THAVANNUR 679582 MALAPPURAM DISTRICT (PARENT OF
MOHAMMED SHAJAS-STANDARD-X AND MOHAMMED SHAH-STANDARD-III)
2 BEENAMOL C.P.
AGED 47 YEARS
D/O. KRISHNAN, CHANNATUUPARAMBIL P.O., KALADY, MALAPPURAM-
679582 (PARENT OF AADI ALAN-STANDARD-VI AND ALOK MITRA-
MONTESSORI)
3 BASHEER
AGED 47 YEARS
S/O. CHEKKUTTY, PALLATHINGAL, OST THRIKKANAPPURAM SOUTH VIA
THAVANNUR, 679 582, MALAPPURAM DISTRICT, KERALA (PARENT OF
MOHAMMED AATHIF-STANDARD-VI).
BY ADVS.
SMT.ASHA MARIAM MATHEWS
SHRI.K.SUJAI SATHIAN
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF EDUCATION,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 CENTRAL BOARD OF SECONDARY EDUCATION
SHIKSHA KENDRA 2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110
092 REPRESENTED BY ITS CHAIRMAN, OFFICE CAMPUS, PATTOM,
THIRUVANANTHAPURAM-695 004.
3 DEPUTY DIRECTOR OF EDUCATION
DOWN HILL, MALAPPURAM DISTRICT-676 505.
WP(C).No.19023 OF 2020&CONN.CASES
29
4 MES COLLEGE OF ENGINEERING
CAMPUS SENIOR SECONDARY SCHOOL, THRIKKANAPURAM SOUTH P.O.,
KUTTIPURAM, MALAPPURAM DISTRICT, PIN-679 582.
5 THE REGIONAL OFFICER
CENTRAL BOARD OF SECONDARY EDUCATION REGIONAL OFFICE AT
THIRUVANANTHAPURAM, 2ND FLOOR, LIC DIVISIONAL OFFICE
CAMPUS, PATTOM, 695 004.
BY SMT.NISHA BOSE-SR.GP
BY SRI.NIRMAL S., SC
BY ADV. SRI.BABU KARUKAPADATH
BY ADV. SMT.M.A.VAHEEDA BABU
BY ADV. SHRI.P.U.VINOD KUMAR
BY ADV. SMT.ARYA RAGHUNATH
BY ADV. SMT.VAISAKHI V.
BY ADV. SRI.MUHAMMED MUSTHAQUE
BY ADV. SHRI.UNAIS K.P.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.02.2021,
ALONG WITH WP(C).19023/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.19023 OF 2020&CONN.CASES
30
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
WP(C).No.26819 OF 2020(B)
PETITIONERS:
1 AJI P,
AGED 54 YEARS
S/O. CHANDRAN P., USHUS, VYDIARANGADI P.O., 11TH MILE,
VAZHAYUR, MALAPPURAM DISTRICT-673633.
2 NAVEEN KOTHERI,
AGED 33 YEARS
S/O. SIVARAMAN KOTHERI, NAVANEETHAM, KOTHERI HOUSE,
RAMANATTUKARA, NEAR POST OFFICE, KOZHIKODE DISTRICT-673633.
3 GIREESH C.
AGED 44 YEARS
S/O. NEELANDAN, CHENANGADAN HOUSE, KONDOTTY, MELANGADI,
MALAPPURAM DISTRICT-673638.
BY ADV. SRI.U.K.DEVIDAS
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF EDUCATION,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 CENTRAL BOARD OF SECONDARY EDUCATION,
SHIKSHA KENDRA-2, COMMUNITY CENTRE, PREET VIHAR, DELHI-
110092, REPRESENTED BY ITS CHAIRMAN.
3 THE REGIONAL OFFICER,
CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE,
BLOCK-B, 2ND FLOOR, LIC DIVISIONAL OFFICE CAMPUS, PATTOM,
THIRUVANANTHAPURAM-695004.
4 DEPUTY DIRECTOR OF EDUCATION,
CIVIL STATION, UP HILL, MALAPPURAM-676505.
WP(C).No.19023 OF 2020&CONN.CASES
31
5 AIRPORT SENIOR SECONDARY SCHOOL,
CALICUT AIRPORT P.O., KARIPUR, MALAPPURAM DISTRICT-673647,
REPRESENTED BY ITS PRINCIPAL.
BY SMT.NISHA BOSE-SR.GP
BY SRI.NIRMAL S., SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.02.2021,
ALONG WITH WP(C).19023/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.19023 OF 2020&CONN.CASES
32
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
WP(C).No.27174 OF 2020(V)
PETITIONERS:
1 RETHEESH.R,
AGED 38 YEARS
S/O.RAVEENDRAN PILLAI, CHENNALLOOR, POOCHAKKAL P.O.,
CHERTHALA, ALAPPUZHA DISTRICT-688526, (PARENT OF
ADHITHYAN.R, STD 7B AND ATHULYA.R, STD 2B).
2 SHIBU.P.R,
AGED 49 YEARS
S/O.RAMACHANDRAN, KUNNATHU HOUSE, THIRUNALLORE P.O.,
CHERTHALA, ALAPPUZHA DISTRICT-688541 (PARENT OF
NIKHIL.K.S.-STD-9A).
3 RASHEED.K.M,
AGED 35 YEARS
S/O.MOHAMMED, VADAKKEKUNNUMPARAMBIL, TRICHATTUKULAM P.O.,
PANAVALLY, ALAPPUZHA DISTRICT-688581 (PARENT OF ALIYA
FATHIMA STD.1 AND RIYA NAZRIN. STD.3).
BY ADVS.
SRI.RAAJESH S.SUBRAHMANIAN
SRI.V.R.RAJESH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF EDUCATION,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 CENTRAL BOARD OF SECONDARY EDUCATION,
SHIKSHA KENDRA 2, COMMUNITY CENTRE, PREET VIHAR, DELHI-
110092, REPRESENTED BY ITS CHAIRMAN, OFFICE CAMPUS, PATTOM,
THIRUVANANTHAPURAM-695004.
3 DEPUTY DIRECTOR OF EDUCATION,
ERNAKULAM DISTRICT, CIVIL STATION, KAKKANAD P.O.,
ERNAKULAM-682030.
WP(C).No.19023 OF 2020&CONN.CASES
33
4 ST.MARY OF LEUCA SCHOOL,
PALLIPURAM THAIKKATUSSERRY ROAD, CHERTHALA, ALAPPUZHA
DISTRICT-688541, REPRESENTED BY ITS PRINCIPAL.
5 THE REGIONAL OFFICER,
CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE BLOCK
B, 2ND FLOOR, LIC DIVISION, THIRUVANANTHAPURAM-695001.
6 DISTRICT COLLECTOR,
COLLECTORATE, ALAPPUZHA-688001.
BY SMT.NISHA BOSE-SR.GP
BY ADV. DR.K.P.SATHEESAN (SR.)
BY ADV. SRI.P.MOHANDAS (ERNAKULAM)
BY ADV. SRI.K.SUDHINKUMAR
BY ADV. SRI.S.K.ADHITHYAN
BY ADV. SRI.SABU PULLAN
BY ADV. SRI.GOKUL D. SUDHAKARAN
BY SRI.NIRMAL S - SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.02.2021,
ALONG WITH WP(C).19023/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.19023 OF 2020&CONN.CASES
34
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
WP(C).No.1477 OF 2021(H)
PETITIONERS:
1 SATHEESH CHANDRAN
AGED 33 YEARS
S/O. CHANDRAN PILLAI, KIZHAKKE ALUNKAL, POOCHACKAL P.O.
ERTHALA, ALAPPUZHA DISTRICT 688 526
(PARENT OF ANVITHA PILLAI -STD. 3B).
2 MOHAMMED SHIYAS,
AGED 42 YEARS
S/O. KUNJU MOHAMMED, THEKKE KODUVELIL, AROKKUTTY P.O.
CHERTHALA, ALAPPUZHA DISTRICT 688 535,
(PARENT OF HANAN FATHIMA ST. 6B).
3 JALAL.A,
AGED 33 YEARS
S/O. ABUBACKER, AJMAL MANZIL, NADUVATH NAGAR P.O.
CHERTHALA, ALAPPUZHA DISTRICT 688 524.
(PARENT OF ABDIYA PAREETH - STD. 2A).
4 MUHAMMED SHAFI,
AGED 45 YEARS
S/O. ABDUL KHADER, DARUL HASENATH AROOKKUTTY P.O. CHERTHALA
688 535.
(PARENT OF ADEELA FARSANA M. -STD. 7A).
5 HASEENA NOUFAL,
AGED 36 YEARS
W/O. NOUFAL, NOUFAL MANZIL, AROOKKUTTY P.O. CHERTALA,
ALAPPUZHA DISTRICT 688 535,
(PARENT OF BASITH ALI IHSAN N.N. -STD 3A).
6 SHYMOL. T.S,
AGED 38 YEARS
W/O. BIJU T.S., PANAVALLY HOUSE, PANAVALLY P.O. CHERTHALA,
ALAPPUZHA DISTRICT 688 526.
(PARENT OF BINSHITH - STD. 8A).
WP(C).No.19023 OF 2020&CONN.CASES
35
BY ADVS.
SRI.RAAJESH S.SUBRAHMANIAN
SRI.V.R.RAJESH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF EDUCATION,
SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2 CENTRAL BOARD OF SECONDARY EDUCATION,
SHIKSHA KENDRA 2, COMMUNITY CENTRE, PREET VIAHR, DELHI 110
092, REPRESENTED BY ITS CHAIRMAN, OFFICE CAMPUS, PATTOM,
THIRUVANANTHAPURAM 695 004.
3 DEPUTY DIRECTOR OF EDUCATION,
ERNAKULAM DISTRICT, CIVIL STATION, KAKKANAD P.O. ERNAKULAM
682 030.
4 NADUVATHUL ISLAM ENGLISH SCHOOL
(NIES), AROOKUTTY, NADUVATTU NAGAR P.O. CHERTHALA,
ALAPPUZHA DISTRICT 685 256.
5 THE REGIONAL OFFICER,
CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE BLOCK
B, 2ND FLOOR, LIC DIVISION, THIRUVANANTHAPURAM 695 001.
6 DISTRICT COLLECTOR,
COLLECOTRATE, ALAPPUZHA 688 001.
BY SRI.NIRMAL S., SC,
BY ADV. DR.K.P.SATHEESAN (SR.)
BY ADV. SRI.P.MOHANDAS (ERNAKULAM)
BY ADV. SRI.K.SUDHINKUMAR
BY ADV. SRI.S.K.ADHITHYAN
BY ADV. SRI.SABU PULLAN
BY ADV. SRI.GOKUL D. SUDHAKARAN
BY. SMT.NISHA BOSE-SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.02.2021,
ALONG WITH WP(C).19023/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.19023 OF 2020&CONN.CASES
36
CR
JUDGMENT
The COVID-19 pandemic is challenging our collective calculus of uncertainty because there is no reference case for it in living memory.
2. Living in the face of this uncertainty ― or with it, as some may say ― is the defining theme today because the pandemic qualifies as a true outlier by any standard.
3. The "new normal" or "next normal" require confronting this uncertainty head on and converting it into decision making in every sphere.
4. The COVID-19 crisis erupted and unfolded with tremendous speed. In early March 2020, no one took it seriously. But a couple of weeks later, the outlook shifted profoundly. The absence of close historic parallels has exacerbated the current situation.
5. In its policy brief, titled "Education during COVID-19 and beyond" published in August 2020, the United Nations recorded that the pandemic has created largest disruption to education systems in the history of the world. It then WP(C).No.19023 OF 2020&CONN.CASES 37 acknowledges that, on the other hand, the crisis had stimulated innovation within the educational sector presenting novo approaches in support of education and training - from radio and television to internet and take-home packages. The paper also declares that accelerated changes in the modes of delivering quality education cannot be separated from the imperative of leaving no one behind and that this is more for the children affected by lack of resources or enabling environment to access learning.
6. In India, there has always been an unsaid or, at the best, whispered dichotomy between Government owned systems and self financing private institutions affiliated to Boards like Central Board of Secondary Education (CBSE) and The Indian Certificate of Secondary Education (ICSE). Many parents choose the self financing institutions over the Government Schools because they provide privileged learning environments along with greater range of curricular and extra-curricular options with emphasis on soft skills, in addition to academic excellence and support systems that provide a surer gateway to prestigious Universities and avenues for higher education. WP(C).No.19023 OF 2020&CONN.CASES 38
7. This, of course, comes with a high cost on the parents; which obviously, they took upon themselves with volition, never anticipating that a crisis of this magnitude would befall them or indeed the whole world.
8. However, this is exactly what has happened and when faced with the problem of having to pay large fees on behalf of their children or wards, they have approached this Court with these cases alleging that since, on account of the large scale disruptions caused by the COVID-19 pandemic, their avenues of income and salaries have been drastically reduced, thus being unable to pay the tuition fees in time, leading to their children facing the threat of expulsion from the Schools and from the online classes conducted. They have also called into question the fee structure fixed by the schools for the academic year 2020-2021 on the assertion that it is grossly disproportionate, since no physical classes are being held due to the pandemic induced lockdown, consequent to which, most or all of the extra-curricular activities are incapacitated.
9. When these matters were considered by me at the first instance, I had granted orders in all of them directing the WP(C).No.19023 OF 2020&CONN.CASES 39 schools concerned not to expel any of the students solely for non payment of the fees; and further directing the parents to inform this Court within what time they will be able to pay off the fees and in what manner.
10. "The CBSE School Managements Association"
thereafter filed a statement in W.P.(C) No.19181/2020, wherein they averred that they have instructed all their member schools to adopt the fee structure fixed by the "Kendriya Vidyalaya Sangathan", a copy of which has been placed on record as Ext.P5 in the said writ petition. The said document, makes it limpid that every school has been given the liberty of fixing the "tuition fee" and "computer fund fees", depending upon the services and infrastructure provided by them to the students.
The Management Association, however, then took the stand that they have no role to play in fixing the amounts under these two heads, since this has to be done by the School Management Committees of the respective schools, as per the Bylaws of the CBSE.
11. Pertinently, the CBSE then filed their argument notes in one of he afore cases, namely in W.P.(C) No.19328/2020, WP(C).No.19023 OF 2020&CONN.CASES 40 unequivocally making their position clear as under:
"It is submitted that the state government is duty bound to ensure that the private schools in the state do not indulge in profiteering in the name of imparting education. There is no central act or other statutory bodies to regulate private unaided schools. As pointed out earlier, since the States have concurrent power to legislate regarding maters of education and since CBSE insists for no objection certificate from the State Government so that there may not be any conflict between the rules and regulations made by the State Government regarding school education and the rules and regulations of CBSE. There has to be mechanism to check the private schools from charging exorbitant fees. The State Government has the bounden duty to see that the fee collected by the private unaided school commensurate with the facilities provided and see to it that these schools do not indulge in profiteering or charging capitation fee, when there is no central or statutory body to regulate the fee. On a combined reading of the provisions of the Bye-laws of chapter 7 of the CBSE affiliation Byelaws 2018, it is evident that the State Government has the power to regulate collection of fees in CBSE schools."
12. It, therefore, became obvious that on one hand, the CBSE avers that fees has to be fixed by the respective School Management Committees; while on the other, they maintain that a mechanism should be provided by the Government to ensure that there is no profiteering or charging of exorbitant WP(C).No.19023 OF 2020&CONN.CASES 41 fees.
13. Consequently, this Court directed the schools involved in these cases to place on record individual statements showing the break up of the "tuition fee" and such other fee that they are charging for the academic year 2020- 2021, specifically adverting to their infrastructural facilities being provided, including online classes.
14. These matters were then considered by me on 11.11.2020, on which day, various learned Senior Advocates and counsel appearing for the schools submitted that their clients have all given substantial deductions in fees for this year or are considering such deductions to the students, adverting to the extenuating circumstances caused on account of the Covid - 19 pandemic.
15. However, since the statements/counter pleadings filed by some of the schools contained large amount of statistics and figures in relation to their infrastructure - which made it difficult for this Court to assess whether the fee structure proposed by them were proportionate to the amenities actually WP(C).No.19023 OF 2020&CONN.CASES 42 provided during the times of pandemic - I further directed each of them to file a statement showing their proposed expenditure for the Academic Year 2020-21.
16. I also made it clear, through the same order indited on 11.11.2020, that the intent of this court was to ensure that none of the schools charge any amounts in surplus of their actual expenditure for the Academic Year 2020-21 - on account of the Covid - 19 pandemic and the resultant economic disruption - and that no profit is, directly or indirectly, obtained through the running of any school. It was further recorded that, the resolve of this Court was to ensure that the students are, at least this year, asked to defray only the actual expenses incurred by the schools and nothing more and that the schools must charge no surplus and no profit.
17. The afore views of this Court were accepted by various learned Senior Advocates and counsel appearing for the respondents - Schools and the cases were adjourned for filing their statements of Income and Expenditure.
18. The various Schools thereupon filed their respective statements showing the anticipated expenditure and the WP(C).No.19023 OF 2020&CONN.CASES 43 projected income for the academic year 2020-2021 and I turned to the CBSE to ascertain if they would in a position to verify and assess the same and report before this Court.
19. However, the CBSE submitted that they have no mechanism to effectively evaluate the various statements of expenditure and income filed by the schools and that such evaluation will have to be done by the competent Authorities of the Government of Kerala, because the Board relies on them for all such purposes, even under the applicable Affiliation Bye- laws.
20. These matters were resultantly, listed on 17.12.2020, on which day, the learned Advocate General, Sri.Sudhakara Prasad, instructed by Smt.Nisha Bose, learned Government Pleader, informed this Court that the jurisdictional District Educational Officers ― operating under the purlieus of the Kerala Education Act and Rules ― are ready to examine the various statements filed by the Schools and to file their reports before this Court.
21. This suggestion of the learned Advocate General was accepted by the learned Senior Advocates and counsel WP(C).No.19023 OF 2020&CONN.CASES 44 appearing for the Schools and I, therefore, issued an order on 17.12.2020 directing the respective District Educational Officers, in charge of the areas when the respondent - Schools are located, to verify the statements of income and expenditure filed by the various schools and to file reports before this Court.
22. The records now show that the jurisdictional District Educational Officers have now filed their reports in all these cases and it is in the backdrop of this, that I am considering these matters today.
23. As I have recorded exordially in the judgment, the COVID-19 pandemic has left no one or class or strata of citizens from its vicious grip. Its impact has reverberated across the whole spectrum of humanity and throughout the world, but it has been the students who have been among the worst hit internationally. Without anticipating this virtual cataclysmic impact, the parents admitted their children to schools, guided by their capacity to meet the fees before the Pandemic erupted. The economic downtrend which followed the Pandemic and consequent diminution in resources and income has put a spanner in the wheel of most and this can never be lost sight of. WP(C).No.19023 OF 2020&CONN.CASES 45
24. As far as Kerala is concerned, there can be no two ways about this because the Government themselves came out with a 'salary deferment order' under which a certain portion of the pay and allowances of the employees were ordered to be detained for few months, to be paid only later. The resultant attenuation of the paying capacity is indubitable and does not require further expatiation.
25. The fact that the income of most of the parents of the school - going children took a hit for the worse is something which, therefore, needs no specific substantiation and the consequence was that many of them became unable to afford expenditure in lives that was planned without ever even dreaming that such a pernicious event would fall upon them. Certainly, many of them were pushed to the corner when asked to pay high fees for their children and some of them resorted even to a class action and strikes against the schools for revision of the fee structure, predicating that on account of the lock-down and closure of the schools physically, the fee structure for the last year was disproportionate to the amenities offered this year and that their students are not WP(C).No.19023 OF 2020&CONN.CASES 46 liable to pay for what they have not been provided with.
26. Whatever be the means adopted by the parents or the justification for the same, it can no longer be denied that the burden of the Pandemic has to be borne by everyone across the gamut of the society because, otherwise, systemic failures would be the inevitable result.
27. Therefore, a balance between the interests of the students and that of the requirements of the schools is imperative, since, without it, the educational system would crumble on its own weight. Ineluctably, the schools also require to take a portion of the burden and cannot be heard to say that they will charge what they please, notwithstanding the crisis through which the students are passing.
28. That said, I must record upfront that the initial inertia of the various schools to even consider reduction of their fees this year, slowly - through the various postings of these cases - dissipated and they became open to consider such, presumably being persuaded by the views expressed by this Court at the Bar. The various Senior Advocates and counsel appearing for the schools thereafter rose to the WP(C).No.19023 OF 2020&CONN.CASES 47 occasion and informed this Court that even if their clients are facing deficit in their projected income this year, they are willing to give substantial discounts, if this Court is so inclined.
29. I, therefore, suggested a minimum bench-limit of 15% discount on the fees to be charged by the schools in these cases, in comparison to what they charged last year and requested the Senior Advocates and counsel of the schools to confer with their clients and revert to this Court whether they are willing to accede to this or to even more.
30. I must say that it is indeed gratifying that all the schools have now agreed to offer a minimum discount of 15% and some even up to 40%, in the fees to be charged from their students for this academic year. This consensual offers made by the schools augers well for the educational system and it is greatly appreciable, since the DEOs have found that most of them may have to suffer loses this academic year.
31. I will now proceed to deal with each individual cases as under, as compendiously as possible, which can then lead this Court to pass appropriate orders:
WP(C).No.19023 OF 2020&CONN.CASES 48 W.P.(C)No.19023/2020 (St.Jospeh Public School, Manalimukku, Aluva) The report of the District Educational Officer (DEO) shows that the School expects a deficit of Rs.60,64,878/- for this academic year.
2. The learned Senior Counsel for the School, Dr.K.P.Satheesan, instructed by Sri.Sabu Pullan, submits that, in fact, 20% discount has already been applied in the fees for this year, when compared to the fees for the last year.
Taking note of the afore submissions, I am certain that the fees fixed by the School in this case deserves to be approved.
W.P.(C)No.23222/2020 and W.P.(C)No.22186/2020 (Co-operative Public School, Thodupuzha) The District Educational Officer (DEO) has reported that , based on the statements of expenditure and income furnished by this School for this year, a deficit Rs.9,28,965/-, compared to last year, is expected.
2. The learned Senior Counsel, Sri.George Cheriyan, instructed by Sri.Cyriac Kurian, learned counsel for the school, WP(C).No.19023 OF 2020&CONN.CASES 49 added by saying that the fee structure for the academic year 2020-2021 has been fixed after giving a discount of 12% to 16% from the fee fixed for the last year.
3. However, Smt.Bindhumol Joseph and Sri.Russel Joy, learned counsel for the petitioners, argued that the expenditure of the School has been inflated by them in their statement, including by showing the cost of a new bus for nearly Rs.21 lakhs.
4. I am afraid that I cannot find favour with the afore objections, since infrastructure additions to the school cannot be impeded by this Court, even though we are all going through COVID-19 pandemic restrictions.
I am thus, of the opinion that the report of the DEO must be approved and the fee structure fixed by the School granted imprimatur.
W.P.(C)No.21042 of 2020 (Al-Ameen Public School, Sreemoolanagaram, Ernakulam) The report of the District Educational Officer (DEO) shows that there is a deficit of Rs.35,97,051.26/- expected, when its expenditure and income were assessed. WP(C).No.19023 OF 2020&CONN.CASES 50
2. Smt.Bindhumol Joseph, learned counsel appearing for the petitioners, submitted that the afore deficit has been arrived at since the DEO has gone solely by the income and expenditure figures furnished by the School. She points out that in the projected expenditure, the school has included the cost of "Diary and Magazine" as Rs.2 lakhs; "Smart Class" as Rs.3.15 lakhs; Rs.6.80 lakhs under the head "publishers"; and "P.F remittance" for March, 2020 as Rs.2,15,000/-. She contends that if these amounts are taken away, the deficit will be much lower.
3. It is doubtless that if the afore objected heads are discounted, the deficit as found by the DEO will be reduced; but going by the figures available, even then, the School will achieve no surplus, the loss being still in the vicinity of about Rs.20 lakhs.
4. Further, it is stated by the learned counsel for the School, Sri.Mohammed Nazir that the fees fixed for this year has been calculated after factoring 12.5% discount from the fees fixed for last year and he offers that his client is willing to increase this to 15%.
WP(C).No.19023 OF 2020&CONN.CASES 51 In the afore circumstances, I deem it appropriate to order this writ petition, allowing the school to charge fees, after applying a discount of 15% from the actual fees charged for the last year.
W.P.(C)Nos.25677/2020 & 24046/2020 (Lemer Public School, Thriprayar) The learned Senior Counsel, Sri.Joseph Kodianthara, instructed by John Prakash, learned counsel appearing for the School, submitted that the report of the District Educational Officer (DEO) makes it indubitable that his client is suffering a deficit of Rs.26,76,142/- for the academic year 2020-2021. The learned Senior Counsel submitted that this deficit also factors in the fact that his client has already offered 40% reduction in the annual fee, which is equivalent to 9% reduction in the overall fee, in comparison to last year.
2. However, to a pointed question, the learned Senior Counsel admitted that if this Court is so insistent, his client can grant 15% deduction in overall fee for the academic year 2020- 2021, in comparison to last year, to deserving students.
3. Sri.Harish Vasudevan, learned counsel appearing for WP(C).No.19023 OF 2020&CONN.CASES 52 the petitioners in these cases, submitted that since the School is now agreeable to give a reduction of 15% in the fee in comparison to last year, his clients do not intent to make any argument on the deficit found by the DEO, though he says that the amount is not accurate, if the actual expenses are taken into account.
Taking note of the afore submissions, I am of the firm view that the proposed fee as fixed by the School can be approved; provided they offer an additional 6% discount in the overall fee to all the students, thus making it 15%, which will be factored in against the fees payable for the remaining terms/term. I am clear that this benefit should go to all students and not solely to "deserving students" as suggested by the learned Senior Counsel, since the pandemic has hit everyone and because there will, otherwise, occur two types of fees, which will be unjust. I record that Sri.Kodianthara, learned Senior Counsel finally affirmed this view.
W.P(C)No.23915 of 2020 (Crescent Public School, Thottumughom, Aluva)
1. The DEO has reported that, taking note of the expenditure and the income projected by the School, there is a WP(C).No.19023 OF 2020&CONN.CASES 53 deficit of Rs.15,24,756/-.
2. In addition, Dr.K.P.Satheesan, learned Senior Counsel instructed by Shri.Sabu Pullan, learned counsel for the School, submits that every student has been given 25% reduction in the fees this year, in comparison to the fees charged for the last year.
I am, therefore, of the view that the fee structure proposed by the School for the present Academic Year is deserving approval.
W.P(C)No.25632 of 2020 and W.P(C)No.1477 of 2021 (Naduvathul Islam English School, Cherthala) Dr.K.P.Satheesan, learned Senior Counsel, instructed by Shri.Sabu Pullan, learned counsel for the School, submits that, going by the report of the DEO, it is clear that there is a deficit of Rs.8,58,598/-, as far as this School is concerned for the Academic Year 2020-2021. He says that in addition, a 15% discount has already been applied on the fees fixed for this year, in comparison to the total fees charged for the last year.
2. Shri.Rajeesh S.Subrahmanian, learned counsel for the petitioners, does not dispute this. WP(C).No.19023 OF 2020&CONN.CASES 54 Therefore, it is clear that the fee structure now proposed by this School is deserving of being approved. W.P(C)No.26178 of 2020 (Janasakthi Public School, Kayamkulam) The DEO has reported that the assessment of income and expenditure projected by the School would show that there is a surplus of Rs.5,36,278/- for this Academic Year.
2. Dr.K.P.Satheesan, learned Senior Counsel instructed by Shri.Sabu Pullan, learned counsel for the School, submits that the afore surplus has been shown to be subject to the collection of the balance fee for this Academic Year, which amounts to nearly Rs.18.15 lakhs. He says that, in any event, the fees proposed for this year has been fixed by granting 12% discount compared to the total fees for the previous year.
3. To a pointed question, he submitted that if this Court is so inclined, the School is prepared to offer an additional 3% discount, to make it 15%, to each student.
Taking note of the afore submissions and recording them, I approve the fee structure proposed by the School; however, on condition that they reduce the same by a further WP(C).No.19023 OF 2020&CONN.CASES 55 3%, so as to make it 15% over-all, for each student in comparison to the total fee charged last year. W.P(C)No.26819 of 2020 (Airport Senior Secondary School, Malappuram.
The DEO reports that a surplus of Rs.10,97,055/- is available to the School, after factoring all their expenses.
2. However, in spite of notice from this Court, there is no appearance on behalf of the School.
3. I am, therefore, of the view that the proposed fees of the School will have to take into account this surplus and the said amount will require to be reduced from the remaining terms.
4. I, therefore, deem it apposite to order this writ petition directing the School in question to recalculate the fees for the remaining terms, after reducing a sum of Rs.10,97,055/- from the total projection and give this benefit to each student on pro-rata basis.
WP(C)No.25729/2020 (Sree Narayana Public School, Vadakkevila, Kollam) The report of the District Educational Officer shows that the school has a surplus of Rs.53,53,478/- for the year 2020- WP(C).No.19023 OF 2020&CONN.CASES 56 2021, when their statement of expenditure was tested against the proposed fee structure.
2. However, the school has filed objections to this report, asserting that the afore amount has been arrived at by the DEO without taking note of the fact that an amount of Rs.67,25,222/- is the total Equated Monthly Instalments to be paid by them towards repayment of loans availed to purchase 27 vehicles. They say that an amount of Rs.6,26,493/-, in addition, has been remitted as insurance for these vehicles; and that if these sums were reduced, the DEO would have seen that the School is operating under huge loss.
3. The learned counsel for the school then added that, nevertheless the above, in deference to the views of this Court, the school has granted 15% reduction in the proposed fee structure, compared to the last year. Pertinently, the learned counsel for the petitioners do not contest the afore objections of the School and affirms that the discount mentioned above has been applied.
Taking note of the afore submissions and since the report of the DEO does not mention anything about the bank loans to WP(C).No.19023 OF 2020&CONN.CASES 57 be serviced by the school with respect to the vehicles in question, I deem it appropriate that the proposed fee structure be approved.
WP(C)No.27174/2020 (St.Mary of Leuca School, Cherthala) Even though the school is shown to be having a surplus of Rs.14,89,725/- by the District Educational Officer, objections have been filed by the school stating that this amount has been reckoned by the said Officer without taking note of the arrears of salary and contribution towards Employees' Provident Fund and Employees' State Insurance. They further say that monetary provisions for the maintenance and repair of the building of the school, which is now imperative, has been disregarded by the DEO.
2. After saying so, the learned Senior Counsel - Dr.K.P.Satheesan, instructed by Sri.Gokul D. Sudhakaran, learned counsel for the School, submitted that his client has still granted 25% reduction in the proposed fee structure, in comparison to the last year's total fees. He says that in addition to this, a further amount of Rs.1000/- is reduced from the fee under the heads of 'Digital' and 'Annual Special Fee', in WP(C).No.19023 OF 2020&CONN.CASES 58 respect of senior classes; while an amount of Rs.500/- has been reduced under the said heads in the Lower Primary section.
3. When I consider the afore submissions, it is perspicuous that even if the school is taken to be enjoying the surplus as found by the DEO, the discounts as stated above is certainly appreciable.
Therefore, recording the afore submissions, I deem it appropriate to approve the fee structure proposed by the school.
W.P.(C)No.26306 of 2020(MES College of Engineering Campus Senior Secondary School, Kuttipuram) The District Educational Officer (DEO) reports that, on an assessment of the projected expenses and income of the School, there is a surplus of Rs.44,37,180/-.
2. However, Smt.Vaheeda Babu - learned counsel for the School, refuted this by saying that objections have been filed on record against the report of the DEO to the effect that, while calculating the expenses, the said Officer had not taken into account the salary, Provident Fund contributions and the amounts towards Employees State WP(C).No.19023 OF 2020&CONN.CASES 59 Insurance for the months of April and May, 2021, as also the expenses required to pay electricity, water and telephone bills, along with certain amounts towards gratuity and interest payments. The learned counsel submitted that, if all these are taken into account, the School will certainly be seen to be in deficit. She then added that, in spite of this, the proposed fees structure impugned before this Court has been fixed by reducing 40% in the pre-primary section, 30% for classes 1 to 5 and 25% for classes 6 to 12, in comparison to the actual fees charged in the last year.
3. The learned counsel for the petitioner did not controvert the afore submissions of Smt.Vaheeda Babu and I am thus of the opinion that, since the School has already granted substantial discounts, it will be enjoined for this Court to approve the fee structure suggested by them. W.P.(C)No.23443 of 2020 (Chinmaya Vidyalaya at Thathamangalam, Kollamcode and Pallavoor) The report of the District Educational Officer (DEO) with respect to Thathamangalam School shows that the surplus available with them for the academic year 2020-2021, taking WP(C).No.19023 OF 2020&CONN.CASES 60 note of the projected expenses and income, is Rs.61,42,900/-; while in the case of the School at Pallavoor is Rs.77,98,138/-. As far as Kollamcode School is concerned, the DEO projects the surplus to be Rs.15,92,071/-.
2. The Schools have, however, filed objections to the reports of the DEO alleging that, while the afore amounts have been reckoned, the Officer did not take into account the fact that the Schools were let out as Covid-19 Centres and consequently, requiring extensive painting and repair work. They assert that if such expenditure, along with certain other unexpendable expenses, are also taken note of, all the three Schools will have deficit and not surplus.
3. Even when I hear the Schools on the afore lines, the fact is that the DEO has found large amount of surplus in the hands of these Schools, going by the statement of accounts and the projections of the expenditure furnished by themselves.
4. I, therefore, asked Dr.K.P.Satheesan, learned Senior Counsel, instructed by Sri.Susheel-learned counsel for the Schools, as to whether they are willing to grant discounts to WP(C).No.19023 OF 2020&CONN.CASES 61 the students in these times of exceptional circumstances. The learned Senior Counsel responded that his clients are willing to give 15% discount to all the students in the Schools in comparison to the total fees charged for the last year and prayed that this writ petition be ordered only on such terms.
5. I certainly appreciate the stand taken by Dr.K.P.Satheesan, but since the surplus for Thathamangalam and Pallavoor Schools is Rs.61,42,900/- and Rs.77,98,138/- respectively, as found by the DEO, I am of the view that they must offer a better discount, which I think will be reasonable at 17.5%.
In such perspective, I approve the fee structure proposed by the Schools; however, on a condition that they will grant 17.5% discount to all the students, as far as Thathamangalam and Pallavoor Schools are concerned and 15% discount with respect to the students in Kollamcode School, as already offered by them.
W.P.(C)No.21460 of 2020 (Santhinikethan Public School, Irinjalakuda) WP(C).No.19023 OF 2020&CONN.CASES 62 The report of the District Educational Officer (DEO), after analyzing the expected expenses and projected income of the School, shows that there will be a surplus of Rs.42,25,380/-.
2. Dr.K.P.Satheesan, learned Senior Counsel, instructed by Sri.Gokul D. Sudhakaran, learned counsel for the School, however, submits that this report of the DEO is not credible, because his earlier report showed a deficit of Rs.52,36,603/-. He submitted that if the expenses are properly evaluated, the School would certainly show a deficit and not surplus. He then added that the School is willing to allow discount of 15% to all the students, in comparison to the total fees charged for the last year.
3. Since it is ineluctable that this Court cannot assess the disputes on factual realm, I am of the view that it would be justified for me to accept the report of the DEO, which states that there is a surplus of Rs.42,25,380/-. I, therefore, suggested that, in addition to the afore offer made by Dr.K.P.Satheesan, the School must consider a further discount of 5%. This was accepted by Dr.K.P.Satheesan very WP(C).No.19023 OF 2020&CONN.CASES 63 gracefully.
I, therefore, deem it appropriate to order this writ petition, allowing the School to charge the proposed fee structure, however, on condition that they grant a total discount of 20% to every student in the fees to be paid this year, in comparison to the total fees charged for the last academic year.
In summation, I order all these writ petitions as under:
A) I permit the schools concerned to charge the fees in the manner as recorded above in the individual cases and to ensure that the discounts ordered by this Court are applied on the entire fee for the year and that the fees for the remaining terms are given the pro-rata reduction, since I have already directed all the petitioners involved in these cases to pay the first term fees, based on the structure proposed by the schools initially.
B) Since the petitioners have been directed by this Court earlier only to pay the first term fee, the balance fees will have to be paid by them, after enjoying the discount as ordered herein; and I direct them to consequently pay the second term fee discounted as afore on or before 26.02.2021 and the balance WP(C).No.19023 OF 2020&CONN.CASES 64 on or before 31.03.2021.
C) It is made clear that the additional discounts ordered in this judgment will be applicable only to those students who make payment as per the schedule above and if they choose not to do so, they certainly will lose such benefits and the schools will be at liberty to recover the full proposed fee from them in terms of law.
D) Since I have solely dealt with the issue of charging of fees by the Schools for this year in this judgment, all other contentions of the petitioners are left open for them to pursue appropriately in future, if it is so warranted.
Finally, it is without doubt that the directions in this judgment have been issued taking note of the singular circumstances of the COVID-19 pandemic and therefore, that it will apply only to the academic year 2020-2021 and no other.
Sd/-
DEVAN RAMACHANDRAN
rp JUDGE
WP(C).No.19023 OF 2020&CONN.CASES
65
APPENDIX OF WP(C) 19023/2020
RESPONDENT'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE FEE STRUCTURE OF THE 4TH
RESPONDENT SCHOOL
EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION DATED 12/8/2020
MADE BEFORE THE 4TH RESPONDENT
EXHIBIT P3 A TRUE COPY OF THE CIRCULAR DATED 3/9/2020 ISSUED
BY THE 4TH RESPONDENT
EXHIBIT P4 A TRUE COPY OF THE RELEVANT PAGES OF THE
REPRESENTATION BEFORE THE 5TH RESPONDENT EXHIBIT P5 A TRUE COPY OF THE JUDGMENT DATED 21/8/2020 IN WP(C)NO.15556 OF 2020.
EXHIBIT P6 A TRUE COPY OF THE RECEIPT SHOWING THE PAYMENT OF FEES OF THE 1ST PETITIONER'S CHILD DATED 29.10.2020.
EXHIBIT P7 A TRUE COPY OF THE RECEIPT SHOWING THE PAYMENT OF THE FEES OF THE 2ND PETITIONER'S CHILD DATED 05.11.2020 EXHIBIT P8 A TRUE COPY OF THE RECEIPT SHOWING THE PAYMENT OF THE FESS OF THE 3RD PETITIONER'S CHILD DATED 29.10.2020 EXHIBIT P9 A TRUE COPY OF THE RECEIPT SHOWING THE PAYMENT OF THE FEES OF THE 4TH PETITIONER'S CHILD DATED 29.10.2020 EXHIBIT P10 A TRUE COPY OF THE RECEIPT SHOWING THE PAYMENT OF THE FEES OF THE 5TH PETITIONER'S CHILDREN'S DATED 04.11.2020 EXHIBIT P11 A TRUE COPY OF THE RECEIPT SHOWING THE PAYMENT OF THE FEES OF THE 6TH PETITIONER'S CHILDREN'S DATED 04.11.2020 EXHIBIT P12 A TRUE COPY OF THE RECEIPT SHOWING THE PAYMENT OF THE FEES OF THE 7TH PETITIONER'S CHILD DATED 30.10.2020 EXHIBIT P13 A TRUE COPY OF THE ORDER DATED 5.11.2020 ISSUED BY THE DISTRICT EDUCATION OFFICER,ALUVA. WP(C).No.19023 OF 2020&CONN.CASES 66 RESPONDENT'S/S EXHIBITS:
EXHIBIT R4(A) TRUE COPY OF THE LETTER GIVEN BY THE COCHIN ENGINEERING AND CONSULTANCY SERVICES PVT.LTD. TO THE 4TH RESPONDENT DATED 10.09.2020.
EXHIBIT R4(B) TRUE COPY OF THE BILL GIVEN BY CELCO ENERGY CORPORATION TO THE 4TH RESPONDENT DATED 14.09.2020.
EXHIBIT R4(C) TRUE COPY OF THE FEE STRUCTURE 2019-20 OF THE 4TH RESPONDENT SCHOOL.
EXHIBIT R4(D) TRUE COPY OF THE FEES STRUCTURE FOR THE ACADEMIC YEAR 2020-21.
EXHIBIT R4(E) TRUE COPY OF THE CIRCULAR NO.001/2020-21 DATED 3.7.2020 GIVEN BY THE 4TH RESPONDENT TO THE PARENTS.
EXHIBIT R4(F) TRUE COPY OF THE CIRCULAR NO.2/2020-21/STD I-XII DATED 30.07.2020 ISSUED BY THE 4TH RESPONDENT. EXHIBIT R4(G) TRUE COPY OF THE CIRCULAR NO.3/2020-21/STD I-XII DATED 25.08.2020 ISSUED BY THE 4TH RESPONDENT. (RETIRED), EXHIBIT R4(H) TRUE COPY OF THE STATEMENT PREPARED BY THE 4TH RESPONDENT SHOWING THE ACTUAL EXPENDITURE DURING THE ACADEMIC YEAR 2020-21 EXHIBIT R4(I) TRUE COPY OF THE STATEMENT SHOWING THE TOTAL AMOUNT OF FEE COLLECTION DURING THE ACADEMIC YEAR 2020-21 EXHIBIT R2(A) TRUE COPY OF NOTIFICATION CBSE/SECYAFF/2020 DATED 17/04/2020.
WP(C).No.19023 OF 2020&CONN.CASES 67 APPENDIX OF WP(C) 21042/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE FEE STRUCTURE OF THE 5TH RESPONDENT SCHOOL FOR THE YEAR 2018-2019.
EXHIBIT P2 TRUE COPY OF THE RECEIPT DATED 16.12.2019 ISSUED BY THE 5TH RESPONDENT INSTITUTION.
EXHIBIT P3 TRUE COPY OF THE RECEIPT ISSUED BY THE 5TH RESPONDENT DATED 17.06.2020 WITH RESPECT TO THE STUDENT IN THE 4TH STANDARD.
EXHIBIT P4 TRUE COPY OF THE RECEIPT ISSUED BY THE 5TH RESPONDENT DATED 17.06.2020 WITH RESPECT TO THE STUDENT IN 9TH STANDARD.
EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 28.08.2020 ISSUED BY THE 5TH RESPONDENT TO THE 1ST PETITIONER.
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION MADE BEFORE THE 5TH RESPONDENT ALONG WITH THE ANNEXURE.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 21/8/2020 IN WRIT PETITION (CIVIL) NO.15556/2020.
EXHIBIT P8 TRUE COPY OF THE INTERIM ORDER DATED 15.09.2020 IN WRIT PETITION (CIVil) NO.19023/2020.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R1 NIL
EXHIBIT R2 NIL
EXHIBIT R3 NIL
EXHIBIT R4 NIL
EXHIBIT R4 A TRUE COPY OF THE FEE STRUCTURE OF THE SCHOOL FOR
THE ACADEMI YEAR 2019-2020
EXHIBIT R4 B TRUE COPY OF THE FEE STRUCTURE FOR THE ACADEMIC
YEAR 2020-21.
EXHIBIT R4 C TRUE COPY OF THE SMS DATED 29.09.2020 SENT BY THE
WP(C).No.19023 OF 2020&CONN.CASES
68
SCHOOL TO THE PARENTS.
EXHIBIT R4 D TRUE COPY OF LETTER DATED 5.10.2020 ISSUED BY THE
TEACHING FACULTIES OF THE SCHOOL TO THE MANAGER.
ANNEXURE R1 NIL
ANNEXURE R2 NIL
ANNEXURE R2 A TRUE COPY OF NOTIFICATION CBSE/SECYAFF/2020 DATED
17.04.2020.
ANNEXURE R3 NIL
ANNEXURE R4 NIL
ANNEXURE R5 NIL
ANNEXURE R5 A SPLIT UP DETAILS OF FEE STRUCTURE FOR THE YEAR
2019-20
ANNEXURE R5 B FACILITIES GIVEN BY THE SCHOOL
ANNEXURE R5 C REVISED FEE SCHEDULE FOR THE YEAR 2020-2021 AFTER
12.5. % REDUCTION.
ANNEXURE R5 D COMPARATIVE FEE STRUCTURE FOR THE YEAR 2019-2020
AND 2020-2021.
ANNEXURE R5 E STATEMENT SHOWING THE INCOME AND EXPENDITURE FOR
THE YEAR 2020-2021.
WP(C).No.19023 OF 2020&CONN.CASES
69
APPENDIX OF WP(C) 21460/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE FEE STRUCTURE OF THE 4TH
RESPONDENT SCHOOL.
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION MADE BEFORE THE
4TH RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE CIRCULAR DATED 01.10.2020 ISSUED
BY THE 4TH RESPONDENT.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R4 A TRUE COPY OF THE REVISED FEES STRUCTURE OF THE
4TH RESPONDENTS SCHOOL
EXHIBIT R4(b): TRUE COPY OF THE STATEMENT PREPARED BY THE 4TH
RESPONDENT SHOWING THE INCOME OF THE SCHOOL DURING THIS ACADEMIC YEAR 2020-21.
EXHIBIT R4(c): TRUE COPY OF THE STATEMENT SHOWING THE EXPENDITURE FOR THE ACADEMIC YEAR 2020-21.
ANNEXURE R2(A) TRUE COPY OF NOTIFICATION CBSE/SECYAFF/2020 DATED 17.04.2020 WP(C).No.19023 OF 2020&CONN.CASES 70 APPENDIX OF WP(C) 22186/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE FEE STRUCTURE OF THE 5TH RESPONDENT SCHOOL FOR THE YEAR 2019-2020.
EXHIBIT P2 A TRUE COPY OF THE COMMUNICATION ISSUED BY 6TH RESPONDENT DATED NIL.
EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION DATED 12.08.2020 MADE BEFORE THE 6TH RESPONDENT.
EXHIBIT P4 A TRUE COPY OF THE DECISION TAKEN BY THE 7TH RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE FEE STRUCTURE OF THE 5TH RESPONDENT SCHOOL FOR THE YEAR 2020-2021. EXHIBIT P6 A TRUE COPY OF THE RELEVANT PAGES OF THE REPRESENTATION MADE BEFORE THE 6TH RESPONDENT. EXHIBIT P7 A TRUE COPY OF THE NOTICE DATED 12.10.2020 ISSUED BY THE 6TH RESPONDENT TO THE 1ST PETITIONER. EXHIBIT P8 A TRUE COPY OF THE NOTICE DATED 12.10.2020 ISSUED BY THE 6TH RESPONDENT TO THE 2ND PETITIONER. EXHIBIT P9 A TRUE COPY OF THE NOTICE DATED 12.10.2020 ISSUED BY THE 6TH RESPONDENT TO THE 3RD PETITIONER. EXHIBIT P10 A TRUE COPY OF THE JUDGMENT DATED 21.08.2020 IN WRIT PETITION (CIVIL) NO.15556 OF 2020. EXHIBIT P11 A TRUE COPY OF THE INTERIM ORDER DATED 07.10.2020 IN WRIT PETITION (CIVIL) NO. 21042/2020. RESPONDENT'S/S EXHIBITS:
EXHIBIT R5(a) TRUE COPY OF THE RESOLUTION OF THE SCHOOL MANAGEMENT COMMITTEE DATED 19/8/2020 EXHIBIT R5(b) TRUE COPY OF THE FEE STRUCTURE FOR THE YEAR 2019- 20 EXHIBIT R5(c) TRUE COPY OF THE REDUCED FEE STRUCTURE FOR THE YEAR 2020-21 EXHIBIT R5(d) TRUE COPY OF THE COMMUNICATION DATED 22/9/2020 WP(C).No.19023 OF 2020&CONN.CASES 71 ADDRESSED TO THE PARENTS EXHIBIT R5(e) TRUE COPY OF THE WHATSAPP MESSAGE, CIRCULAR BY THE PETITONERS EXHIBIT R5(f) TABULAR STATEMENT SHOWING THE INCOME AND EXPENDITURE STATEMENT FOR THE PERIOD 2017- 2018,2018-19,2019-20 EXHIBIT R5(g) TABULAR STATEMENT SHWOING THE INFRASTRUCTURE FACILITIES AND OTHER EDUCATIONAL FACILITIES OF THE 5TH RESPONDENT EXHIBIT R5(h) PHOTOGRAPHS SHOWING THE SCHOOL BUILDINGS AND ITS FACILITIES OF THE 5TH RESPONDENT EXHIBIT R(i) STATEMENT CHART PREPARED SHOWING THE FACILITIES AND OPERATIONAL GUIDELINES FOR EACH CLASS THROUGH ONLINE MEDIA ANNEXURE R7(A) TRUE COPY OF THE INCOME AND EXPENDITURE STATEMENT FOR THE ACADEMIC YEAR 2020-2021.
ANNEXURE R2(A) TRUE COPY OF NOTIFICATION CBSE/SECYAFF/2020 DATED 17.04.2020 WP(C).No.19023 OF 2020&CONN.CASES 72 APPENDIX OF WP(C) 23222/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE FEES STRUCTURE OF THE 3RD RESPONDENTS SCHOOL FOR THE ACADEMIC YEAR 2019- 2020 EXHIBIT P2 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 12.08.2020 SUBMITTED BEFORE THE 4TH RESPONDENT EXHIBIT P4 TRUE COPY OF THE FEES STRUCTURE OF THE 3RD RESPONDENTS SCHOOL FOR THE ACADEMIC YEAR 2020- 2021 EXHIBIT P5 TRUE COPY OF THE LETTER ISSUED TO THE 2ND PETITIONER IN RESPECT OF HIS CHILDREN IS DATED 14.10.2020 EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 27.08.2020 SUBMITTED TO THE CHIEF MINISTER OF KERALA EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER IN WPC NO.22186 OF 2020 DATED 19.10.2020 TO THE 3RD AND 4TH RESPONDENTS EXHIBIT P8 TRUE COPY OF THE INTERIM IN WPC NO.22186 OF 2020 AND CONNECTED CASES DATED 20.10.2020 RESPONDENT'S EXHIBITS:
ANNEXURE R2(A) TRUE COPY OF NOTIFICATION CBSE/SECYAFF/2020 DATED 17.04.2020.
WP(C).No.19023 OF 2020&CONN.CASES 73 APPENDIX OF WP(C) 23443/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE TUITION FEE AND TERM FEE FOR THE ACADEMIC YEAR 2020-2021 PUBLISHED BY THE CHINMAYA VIDYALAYA, THTHAMANGALAM EXHIBIT P2 TRUE COPY OF THE ADMINISTRATIVE GUIDELINES OF THE CHINMAYA VIDYALAYA EXHIBIT P3 TRUE COPY OF THE NEWS ITEM PUBLISHED IN MALAYALA MANORAMA DATED 11.9.2020 EXHIBIT P4 TRUE COPY OF THE PETITION FILED BY THE PARENTS BEFORE THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD POINTING OUT THIS ASPECT ON 25.9.2020 EXHIBIT P5 TRUE COPY OF THE PETITION FILED BY THE PARENTS OF THE STUDENTS STUDYING AT CHINMAYA VIDYALAYA EXHIBIT P6 TRUE COPY OF THE PETITION FILED BY THE PARENTS OF THE STUDENTS STUDYING IN THREE CHINMAYA VIDYALAYAS BEFORE THE 7TH RESPONDENT EXHIBIT P7 TRUE COPY OF THE NEWS ITEM PUBLISHED BY THE KERALA STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS DATED 14.9.2020 RESPONDENT'S EXHIBITS:
ANNEXURE R8(A) TRUE COPY OF NOTIFICATION CBSE/SECYAFF/2020 DATED 17.04.2020.
WP(C).No.19023 OF 2020&CONN.CASES 74 APPENDIX OF WP(C) 23915/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF EXTRACT OF SCREEN SHOT E EVIDENCING EXCLUSION OF WARD OF PETITIONER'S NO. 1 TO 3 FROM ON-LINE CLASS DATED 16.10.2020.
EXHIBIT P2 A TRUE COPY OF EXTRACT OF SCREEN SHOT EVIDENCING EXCLUSION OF WARDS OF PETITIONER'S NO 1 TO 3 FROM ON-LINE CLASS DATED 16.10.2020.
EXHIBIT P3 A TRUE COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT REGARDING THE REMOVAL FROM THE ON-LINE CLASSROOM DATED 20.10.2020.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R1A THE STATEMENT SHOWING THE ACTUAL EXPENSES FOR THE PERIOD FROM 01/04/2020 TO 31/03/2021 PREPARED BY THE 1ST RESPONDENT.
EXHIBIT R1B THE STATEMENT SHOWING THE TOTAL INCOME AND THE BALANCE DURING THIS ACADEMIC YEAR PREPARED BY THIS RESPONDENT.
ANNEXURE R2(A) TRUE COPY OF NOTIFICATION CBSE/SECYAFF/2020 DATED 17.04.2020.
WP(C).No.19023 OF 2020&CONN.CASES 75 APPENDIX OF WP(C) 24046/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE PHOTOCOPY OF THE ID CARDS OF THE PETITIONERS NO.1,2,4,5 & 6.
EXHIBIT P2 A TRUE PHOTOCOPY OF THE CIRCULAR DATED 5.5.2020 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P3 A TRUE PHOTOCOPY OF THE MEMO DATED 22.9.2020 SERVED ON THE 1ST PETITIONER BY THE 3RD RESPONDENT.
EXHIBIT P4 A TRUE PHOTOCOPY OF THE MEMO DATED 22.9.2020 SERVED ON THE 2ND PETITIONER BY THE 3RD RESPONDENT.
EXHIBIT P5 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 30.9.2020 PREFERRED BY ONE OF THE PARENTS BEFORE THE 3RD RESPONDENT.
EXHIBIT P6 A TRUE PHOTOCOPY OF THE EMAIL COMMUNICATION DATED 19.10.2020 PREFERRED BY THE ONE OF THE PARENT OF THE PETITIONERS BEFORE THE 3RD RESPONDENT.
EXHIBIT P6(A) A TRUE PHOTOCOPY OF THE COMMUNICATION DATED 14.10.2020 MADE BY THE 3RD RESPONDENT TO THE 1ST PETITIONER'S PARENTS.
EXHIBIT P7 A TRUE PHOTOCOPY OF THE SCREENSHOT OF THE WHATAPP GROUP AND ONLINE CLASSROOM THROUGH GOOGLE MEET. EXHIBIT P8 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 27.10.2020 PREFERRED BY THE PETITIONER'S PARENTS BEFORE THE 1ST AND 2ND RESPONDENTS.
EXHIBIT P9 A TRUE PHOTOCOPY OF THE RECEIPTS EVIDENCING PAYMENT OF IST TERM FEES BY THE PETITIONERS EXHIBIT P10 A TRUE PHOTOCOPY OF THE NOTICE REF.NO LPS/018/11/2020 DATED 24.11.2020 EXHIBIT P11 A TRUE PHOTOCOPY OF THE NOTICE REF.NO LPS/018/2020 DATED 14.12.2020 ISSUED BY THE 3RD RESPONDENT EXHIBIT P12 A SAMPLE INVOICE NO.499 DATED 9/6/2020 ISSUED BY THE LEMER SCHOOL AUTHORITIES WP(C).No.19023 OF 2020&CONN.CASES 76 RESPONDENT'S/S EXHIBITS:
EXHIBIT R3(a): TRUE COPY OF THE JUDGMENT DATED 30/06/2020 IN WPC.NO.10867/2020.
EXHIBIT R3(b): TRUE COPY OF THE REGISTRATION FORM DATED 04/11/2020 INCLUDING THE FEE DETAILS.
EXHIBIT R3(c): TRUE COPY OF THE RECEIOPT OF REGISTRATION FEE PAID bY THE STUDENTS.
EXHIBIT R3(d): TRUE COPY OF THE BROCHURE OF EXTRA MARKS.
EXHIBIT R3(e): TRUE COPY OF THE BROCHURE OF AHAL EDUCATION.
EXHIBIT R3(f): TRUE COPY OF THE CIRCULAR IN THIS REGARD POSTED BY THE 3RD RESPONDENT ON THE LEARNING APP ACCESSIBLE TO THE STUDENTS ON 28/07/2020.
EXHIBIT R3(g): TRUE COPY OF THE STATEMENT OF THE 3RD RESPONDENT CERTIFYING THE EXPENSES INCURRED TOWARD SALARY AND OTHER STATUTORY CHARGES.
EXHIBIT R3(h): TRUE COPY OF THE STATEMENT OF ACCOUNT OF TOTAL EXPENSE INCURRED BY THE 3RD RESPONDENT FROM 01/04/2020 TILL 07/11/2020 ALONG THE STATEMENT OF AMOUNTS RECEIVED AS FEES FROM STUDENTS DURING THAT PERIOD.
EXHIBIT R3(i): TRUE COPY OF THE STATEMENT OF SUMMARY OF FEE RECEIVABLE AS ON 07/11/2020.
EXHIBIT R3(j): TRUE COPY OF THE STATEMENT OF OUTSTANDING FEE TO THE PETITIONERS.
EXHIBIT R3(k): TRUE COPY OF THE REQUEST LETTERS SUBMITTED BY THE PARENTS OF THE PETITIONERS 1-3 AND 5.
EXHIBIT R3(l): TRUE COPY OF THE LETTER DATED 12/10/2020 ISSUED BY THE DISTRICT CHILD PROTECTION AND WELFARE OFFICER TO THE 3RD RESPONDENT.
EXHIBIT R3(m): TRUE COPY OF THE REPLY DATED 19/10/2020 ISSUED BY THE 3RD RESPONDENT TO THE DISTRICT CHILD PROTECTION AND WELFARE OFFICER.
EXHIBIT R3(n): TRUE COPY OF ORDER OF THIS HONOURABLE COURT IN WPC.NO.22140/2020.
WP(C).No.19023 OF 2020&CONN.CASES 77 TELECASTED BY NEWS CHANNEL THRISSUR ON 11/09/2020.
EXHIBIT R3(p): TRUE COPY OF THE FAKE NEWS POSTED ON VARIOUS SOCIAL MEDIA PLATFORM.
EXHIBIT R3(q): TRUE COPY OF THE CIRCULAR DATED D28/09/2020 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT R3(r): TRUE COPY OF THE STATEMENT EVCIDENCING THE LIST OF STUDENTS WHO HAS PAID FEES.
EXHIBIT R3(s): TRUE COPY OF THE STATEMENT OF DUES TO THE VENDORS OF THE 3RD RESPONDENT.
EXHIBIT R3(t): TRUE COPY OF THE STATEMENT OF INCOME AND EXPENDITURE WITH RESPECT TO THE STUDENTS WHO HAVE PAID AT LEAST ONE TERM'S FEES.
EXHIBIT R3(u): TRUE COPY OF THE STATEMENT OF INCOME AND EXPENDITURE WITH RESPECT TO THE TOTAL NUMBER OF STUDENTS.
EXHIBIT R3(v): A STATEMENT EVIDENCING DUES AND CORRESPONDING PAYMENT OF FEES BY THE PETITIONERS.
EXHIBIT R3(w): THE STATEMENT EVIDENCING THE CLASS WISE NUMBER OF STUDENTS WHO HAVE DEFAULTED IN MAKING PAYMENT OF FEES FOR THE FIRST TERM AND SECOND TERM.
EXHIBIT R3(x): TRUE COPY OF THE TRANSRIPT OF THE SAID AUDIO CLIP BEING CIRCULATED AMONGST THE PARENTS.
EXHIBIT R3(y): THE OTHER POSTS MADE ON VARIOUS SOCIAL MEDIA PLATFORMS BY THE PARENTS OF THOSE INCLUDING THE PETITIONERS DESPITE SPECIFIC DIRECTIONS OF THIS HON'BLE COURT NOT TO CARRY OUT NEGATIVE PUBLICITY.
EXHIBIT R3(z): TRUE COPY OF A FEW SCREENSHOTS EVIDENCING THE STUDENTS LEAVING THE GROUP EVEN AFTER BEING ADMITTED BY THE TEACHER.
ANNEXURE R2(A) TRUE COPY OF NOTIFICATION CBSE/SECYAFF/2020 DATED 17.04.2020.
WP(C).No.19023 OF 2020&CONN.CASES 78 APPENDIX OF WP(C) 25632/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE PHOTOCOPY OF THE REPRESENTATION MADE BEFORE THE 4TH RESPONDENT DATED 14/09/2020.
RESPONDENT'S EXHIBITS:
ANNEXURE R2(A) TRUE COPY OF NOTIFICATION CBSE/SECYAFF/2020 DATED 17.04.2020.
WP(C).No.19023 OF 2020&CONN.CASES 79 APPENDIX OF WP(C) 25677/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE ID CARDS OF THE PETITIONERS NO.1,5,7 AND 8.
EXHIBIT P2 A TRUE PHOTOCOPY OF THE CIRCULAR DATED 05.05.2020 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P3 A TRUE PHOTOCOPY OF THE MEMO DATED 22.09.2020 SERVED ON THE 3RD PETITIONER BY THE 3RD RESPONDENT.
EXHIBIT P4 A TRUE PHOTOCOPY OF THE MEMO DATED 30.09.2020 SERVED ON THE 6TH PETITIONER BY THE 3RD RESPONDENT.
EXHIBIT P5 A TRUE PHOTOCOPY OF THE MEMO DATED 06.10.2020 SERVED ON THE 8TH PETITIONER BY THE 3RD RESPONDENT.
EXHIBIT P6 A TRUE PHOTOCOPY OF THE MEMO DATED 30.09.2020 SERVED ON THE 10TH PETITIONER BY THE 3RD RESPONDENT.
EXHIBIT P7 A TRUE PHOTOCOPY OF THE SCREENSHOT OF THE ONLINE CLASSROOM THROUGH GOOGLE MEET.
EXHIBIT P8 A TRUE PHOTOCOPY OF THE EMAIL COMMUNICATION DATED 15.10.2020 PREFERRED BY ONE OF THE PETITIONERS PARENTS BEFORE THE 3RD RESPONDENT.
EXHIBIT P9 A TRUE PHOTOCOPY OF THE INVOICE SLIP OF THE PAYMENT MADE BY ONE OF THE PETITIONERS PARENT. EXHIBIT P10 A TRUE PHOTOCOPY OF THE REPRESENTATION PREFERRED BY THE PETITIONERS BEFORE THE 4TH RESPONDENT. EXHIBIT P11 A SAMPLE INVOICE NO.499 DATED 09/06/2020 ISSUED BY THE LEMER SCHOOL AUTHORITIES.
RESPONDENT'S/S EXHIBITS:
ANNEXURE R1 NIL
ANNEXURE R1 (A) TRUE COPY OF NOTIFICATION CBSE/SECYAFF/2020
DATED 17/04/2020.
WP(C).No.19023 OF 2020&CONN.CASES
80
EXHIBIT R1 NIL
EXHIBIT R2 NIL
EXHIBIT R3 NIL
EXHIBIT R3 (A) TRUE COPY OF THE JUDGMENT IN WPC NO. 10867 OF
2020 DATED 30.06.2020.
EXHIBIT R3 (B) TRUE COPY OF THE REQUEST LETTER ISSUED BY PARENT
OF FEW OF THE PETITIONERS.
EXHIBIT R3 (C) TRUE COPY OF THE SCREEN SHOT FROM A CLASS
TEACHERS WHATAPP GROUP.
EXHIBIT R3 (D) TRUE COPY OF THE STATEMENT OF FEES RECEIVABLE
FROM THE STUDENTS.
EXHIBIT R3 (E) TRUE COPY OF THE STATEMENT OF OUTSTANDING FEE OF
THE PETITIONERS.
EXHIBIT R3 (F) TRUE COPY OF THE REQUEST LETTERS SUBMITTED BY
THE PARENTS OF THE PETITIONERS 2,7 AND 9. EXHIBIT R3 (G) THE COPY OF THE TRANSCRIPT OF THE AUDIO CLIP CIRCULATED AMONG STUDENTS.
EXHIBIT R3 (H) TRUE COPY OF THE OTHER POSTS MADE ON VARIOUS SOCIAL MEDIA PLATFORMS BY THE PARENTS OF THOSE INCLUDING THE PETITIONERS.
EXHIBIT R3 (J) TRUE COPY OF THE STATEMENT OF DUES TO THE VENDORS OF THE 3RD RESPONDENT AS ON 10.12.2020. WP(C).No.19023 OF 2020&CONN.CASES 81 APPENDIX OF WP(C) 25729/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE RECEIPT DATED 27.03.2015 ISSUED TO THE PETITIONERS FATHER.
EXHIBIT P2 A TRUE COPY OF THE RECEIPT DATED 17.11.2015 ISSUED BY THE RESPONDENT SCHOOL TO THE PETITIONER.
EXHIBIT P3 A TRUE COPY OF THE RECEIPT DATED 06.04.2018 ISSUED BY THE RESPONDENT SCHOOL TO THE PETITIONER.
EXHIBIT P4 A TRUE COPY OF THE NOTICE DATED 20.10.2020 ISSUED BY THE 4TH RESPONDENT SCHOOL WITH RESPECT TO 1ST PETITIONER.
EXHIBIT P5 A TRUE COPY OF THE NOTICE DATED 20.10.2020 ISSUED BY THE 4TH RESPONDENT SCHOOL TO 2ND PETITIONER.
EXHIBIT P6 A TRUE COPY OF THE WHATS APP CHAT BY THE RESPONDENT SCHOOL REMOVING THE 1ST PETITIONER.
EXHIBIT P7 A TRUE COPY OF THE WHAT APP CHAT BY THE RESPONDENT SCHOOL REMOVING THE 2ND PETITIONER.
EXHIBIT P8 A TRUE COPY OF THE REPRESENTATION DATED 12.11.2020.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R4(a): TRUE COPY OF THE LETTER DATED 12/08/2020 SENT TO THE PARENTS OF THE PETITIONERS.
EXHIBIT R4(b): TRUE COPY OF THE FEE CONCESSION SCHEDULE.
EXHIBIT R4(c): TRUE COPY OF THE SCREEN SJOTS OF 3 MESSAGES SENT TO THE PARENT OF THE PETITIONER ON 12/06/2020 AND 01/07/2020.
EXHIBIT R4(d): TRUE COPY OF THE JUDGMENT ON 30/06/2020 IN WPC.10867/2020 OF THIS HON'BLE COURT.
EXHIBIT R4(E) TRUE COPY OF THE STATEMENT OF ACCOUNT SINCE 1.4.2020 TILL 31.3.2021 RELATED TO BUS INSURANCE EXHIBIT R4(F) TRUE COPY OF THE BUS INSURANCE SINCE 01.04.2020 TILL 31.03.2021 RELATED TO BUS INSURANCE.
WP(C).No.19023 OF 2020&CONN.CASES 82 ANNEXURE R3(A) TRUE COPY OF NOTIFICATION CBSE/SECYAFF2020 DATED 17.04.2020.
WP(C).No.19023 OF 2020&CONN.CASES 83 APPENDIX OF WP(C) 26178/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE FEE NOTICE DATED 19.10.2020 ISSUED BY THE FOURTH RESPONDENT EXHIBIT P2 TRUE PHOTOCOPY OF THE REPRESENTATION MADE BEFORE THE 4TH RESPONDENT DATED 4.11.2020 EXHIBIT P3 TRUE COPY OF THE FEE NOTICE DATED 17.11.2020 ISSUED BY THE FOURTH RESPONDENT TO THE FIRST PETITIONER EXHIBIT P4 TRUE COPY OF THE FEE NOTICE DATED 17.11.2020 ISSUED BY THE FOURTH RESPONDENT TO THE SECOND PETITIONER EXHIBIT P5 TRUE COPY OF THE FEE NOTICE DATED 17.11.2020 ISSUED BY THE FOURTH RESPONDENT TO THE THIRD PETITIONER RESPONDENT'S/S EXHIBITS:
EXHIBIT R4(A) TRUE COPY OF THE STATEMENT PREPARED BY THE 4TH RESPONDENT SHOWING THE INCOME OF THE SCHOOL DURING THE ACADEMIC YEAR 2020-2021 EXHIBIT R4(B) TRUE COPY OF THE STATEMENT SHOWING THE EXPENDITURE FOR THE ACADEMIC YEAR 2020-21 EXHIBIT R4(C) A LIST OF THE STUDENTS WHO HAVE NOT REMITTED ANY FEES DURING THIS ACADEMIC YEAR ANNEXURE R2(A) TRUE COPY OF NOTIFICATION CBSE/SECYAFF/2020 DATED 17.04.2020 WP(C).No.19023 OF 2020&CONN.CASES 84 APPENDIX OF WP(C) 26306/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LIST OF THE AGGRIEVED PARENTS WHOSE WARDS ARE STUDYING IN THE 4TH RESPONDENT SCHOOL.
EXHIBIT P2 TRUE COPY OF THE FEES STRUCTURE FOR MONTESSORI JNR AND SNR OF THE ACADEMIC YEAR 2019-2020.
EXHIBIT P2(A) TRUE COPY OF THE FEES STRUCTURE FOR GRADE I-III FOR THE ACADEMIC YEAR 2019-2020 EXHIBIT P2(B) TRUE COPY OF THE FEES STRUCTURE FOR GRADE VI-VIII FOR THE ACADEMIC YEAR 2019-2020 EXHIBIT P2(C) TRUE COPY OF THE FEES STRUCTURE FOR GRADE IX-X FOR THE ACADEMIC YEAR 2019-2020 EXHIBIT P3 TRUE COPY OF THE FEES STRUCTURE FOR GRADE I-III OF THE ACADEMIC YEAR 2020-2021.
EXHIBIT P3(A) TRUE COPY OF THE FEES STRUCTURE FOR GRADE VI-VIII FOR THE ACADEMIC YEAR 2020-2021.
EXHIBIT P3(B) TRUE COPY OF THE FEES STRUCTURE FOR GRADE IX-X FOR THE ACADEMIC YEAR 2020-2021.
EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PARENTS TO THE 4TH RESPONDENT SCHOOL, DATED 21.9.2020.
EXHIBIT P5 TRUE COPY OF THE LETTER FROM THE 4TH RESPONDENT SCHOOL, DATED 27.10.2020.
EXHIBIT P6 TRUE COPY OF THE REVISED FEE STRUCTURE OF M.E.S. CENTRAL SCHOOL, PUTHANATHANI, DATED 23.9.2020. EXHIBIT P7 TRUE COPY OF THE REVISED FEE STRUCTURE OF M.E.S. CENTRAL SCHOOL, TIRUR, DATED 15.9.2020. EXHIBIT P8 A TRUE COPY OF THE JUDGMENT IN WPC NO.15556 OF 2020, DATED 21.8.2020.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R1 NIL
WP(C).No.19023 OF 2020&CONN.CASES
85
EXHIBIT R2 NIL
EXHIBIT R3 NIL
EXHIBIT R4 NIL
EXHIBIT R4 (A) A TRUE COPY OF THE LETTER DATED 19-10-2020
RECEIVED BY THE PRINCIPAL OF THE SCHOOL FROM THE CO-ORDINATOR, CHILD LINE, MALAPPURAM EXHIBIT R4 (B) A TRUE COPY OF THE REPLY DATED 22-10-2020 SUBMITTED OB BEHALF OF THE 4TH RESPONDENT SCHOOL BEFORE THE CHILD LINE, MALAPPURAM EXHIBIT R4 (C) A TRUE COPY OF THE REQUEST DATED 08-07-2020 SUBMITTED BY THE PTMA BY MAIL BEFORE THE CHAIRMAN AND SECRETARY OF THE SCHOOL EXHIBIT R4 (D) A TRUE COPY OF THE INTIMATION DATED 14-07-2020 FROM THE SECRETARY OF THE SCHOOL TO THE PRESIDENT OF THE PTMA EXHIBIT R4 (E) A TRUE COPY OF THE INTIMATION DATED 12-08-2020 FROM THE SECRETARY OF THE SCHOOL TO THE PRESIDENT OF THE PTMA EXHIBIT R4 4(F) A TRUE COPY OF THE TERM WISE FEE STRUCTURE OF THE SCHOOL FROM PRE-PRIMARY MONTESSORI JUNIOUR AND SENIOR TO CLAS XII FOR THE ACADEMIC YEAR 2019- 2020 EXHIBIT R4 4(G) A TRUE COPY OF THE TERM WISE FEE STRUCTURE OF THE SCHOOL FROM PRE-PRIMARY MONTESSORI JUNIOR AND SENIOR TO CLASS XII FOR THE ACADEMIC YEAR 2020- 2021 (WITHOUT ANY REVISION OF THE FEE STRUCTURE IN EXHIBIT R4(F) AND GIVING CONSIDERATION REDUCTION) WP(C).No.19023 OF 2020&CONN.CASES 86 ANNEXURE R1 NIL ANNEXURE R2 NIL ANNEXURE R2 A TRUE COPY OF NOTIFICATION CBSE/SECYAFF/2020 DATED 17-04-2020 WP(C).No.19023 OF 2020&CONN.CASES 87 APPENDIX OF WP(C) 26819/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED 11/09/2020 SUBMITTED BY PARENTS.
EXHIBIT P2 TRUE COPY OF THE REPLY LETTER DATED 22/09/2020 SEND BY THE FIFTH RESPONDENT SCHOOL.
EXHIBIT P3 TRUE COPY OF LETTER DATED 06/10/2020 ISSUED BY THE FIFTH RESPONDENT SCHOOL.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 06/10/2020 SUBMITTED BY THE SECOND PETITIONER.
EXHIBIT P5 TRUE COPY OF LETTER DATED 07/10/2020 ISSUED BY THE FIFTH RESPONDENT SCHOOL.
EXHIBIT P6 TRUE COPY OF LETTER DATED 19/10/2020 ISSUED BY THE FIFTH RESPONDENT SCHOOL.
EXHIBIT P7 TRUE COPY OF REPRESENTATION DATED 18/11/2020 BY THE PARENTS.
EXHIBIT P8 TRUE COPY OF LETTER DATED 19/11/2020 ISSUED BY FIFTH RESPONDENT TO PARENTS.
EXHIBIT P9 TRUE COPY OF THE FEES STRUCTURE OF SCHOOL FEE OF THE ACADEMIC YEAR 2018-2019.
EXHIBIT P10 TRUE COPY OF THE COMPARISON CHART WITH THE SCHOOL FEE OF THE ACADEMIC YEAR 2019-2020 AND 2020/2021.
EXHIBIT P11 TRUE COPY OF THE CHART OF APPROXIMATE INCOME AND EXPENDITURE OF THE SCHOOL PER MONTH. WP(C).No.19023 OF 2020&CONN.CASES 88 APPENDIX OF WP(C) 27174/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE PHOTOCOPY OF THE REPRESENTATION MADE BEFORE THE 4TH RESPONDENT BY THE 1ST PETITIONER DATED 28.11.2020.
EXHIBIT P1(A) TRUE PHOTOCOPY OF THE REPRESENTATION SENT BY E-
MAIL TO THE 4TH RESPONDENT BY THE 2ND PETITIONER DATED 23.10.2020.
EXHIBIT P1(B) TRUE PHOTOCOPY OF THE REPRESENTATION MADE BEFORE THE 4TH RESPONDENT BY THE 3RD PETITIONER DATED 01.12.2020.
WP(C).No.19023 OF 2020&CONN.CASES 89 APPENDIX OF WP(C) 1477/2021 EXHIBIT P1 TRUE PHOTOCOPY OF THE REPRESENTATION MADE BEFORE THE 4TH RESPONDENT DATED 08/01/2021.