Kerala High Court
Lemer Public School vs Shaharban R.M on 24 March, 2021
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943
RP.No.180 OF 2021 IN WP(C). 24046/2020
AGAINST THE JUDGMENT IN WP(C) 24046/2020(E) OF HIGH COURT OF
KERALA
REVIEW PETITIONERS:
1 LEMER PUBLIC SCHOOL,
NH 17, THRIPRAYAR, THRISSUR DISTRICT - 680567,
REPRESENTED BY PRINCIPAL TESSY JOSE K., AGED 48
YEARS, W/O. JOHN P ANTONY, RESIDING AT PANJIMARAM
HOUSE, KAKKADPARAMBU, KUNNAMKULAM P.O,
THRISSUR - 680503.
BY ADVS.
SRI.B.J.JOHN PRAKASH
SRI.P.PRAMEL
RESPONDENTS:
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 VEETIL,
VADANAPALLY P.O, PIN - 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,
VADANAPALLY P.O, PIN - 680614.
3 ABDUL KADER
AGED 4 YEARS
S/O. KABEER, LKG STUDENT, LEMER PUBLIC SCHOOL,
THRIPRAYAR, REPRESENTED BY HER MOTHER SHAMIHA
MUHAMMED KABEER, RESIDING AT RAYAMMARAKKAR VEETTIL,
VADANAPALLY P.O, PIN - 680614.
4 AZMI A.N
AGED 14 YEARS
D/O. NOUSHAD A.A., CLASS IX STUDENT, LEMER PUBLIC
RP.NoS.180 & 222 OF 2021 2
SCHOOL, THRIPRAYAR, REPRESENTED BY HER FATHER
NOUSHAD A.A, S/O. ARAKKAVEETTIL ABDUL RAZAK,
ARAKKAL HOUSE, VADANAPPALLY P.O, THRISSUR - 680569.
5 ADWAID MANOJ,
AGED 14 YEARS
S/O.K.V. MANOJ KUMAR, CLASS IX STUDENT, LEMER
PUBLIC SCHOOL, TRIPRAYAR, REPRESENTED BY HIS FATHER
K.V, MANOJ KUMAR, RESIDING AT KUNNATH HOUSE,
THAMBANKADAVU, THALIKKULAM, THRISSUR - 680596.
6 HRIDAY P.U.,
AGED 14 YEARS
S/O. UNMESH P.K, CLASS IX STUDENT, LEMER PUBLIC
SCHOOL, TRIPRAYAR, REPRESENTED BY HIS FATHER UNMESH
P.K, PADINJARE PURAKKAL, THALIKKULAM, THRISSUR -
680569.
7 SAGARIKA
AGED 14 YEARS
D/O. RAJEESH P.B, CLASS IX STUDENT, LEMER PUBLIC
SCHOOL, TRIPRAYAR, REPRESENTED BY HER FATHER
RAJEESH P.B, PADATHIPARAMBIL HOUSE, NATTIKA,
THRISSUR - 680566.
8 THE CENTRAL BOARD OF SECONDARY EDUCATION
SHIKSHA KENDRA 2, COMMUNITY CENTRE, PREET VIHAR,
DELHI - 110092, REPRESENTED BY ITS CHAIRMAN.
9 THE REGIONAL OFFICER,
CENTRAL BOARD OF SECONDARY EDUCATION, B BLOCK, 2ND
FLOOR, LIC DIVISIONAL, THIRUVANANTHAPURAM - 695001.
R1-7 BY ADV. SRI.RAJAN VISHNURAJ
SC, CBSE-SRI.S.NIRMAL
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
24.03.2021, ALONG WITH RP.222/2021, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
RP.NoS.180 & 222 OF 2021 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943
RP.No.222 OF 2021 IN WP(C). 25677/2020
AGAINST THE ORDER/JUDGMENT IN WP(C) 25677/2020(H) OF HIGH COURT
OF KERALA
REVIEW PETITIONER:
LEMER PUBLIC SCHOOL
NH 17, THRIPRAYAR, THRISSUR DISTRICT - 680567,
REPRESENTED BY PRINCIPAL TESSY JOSE K, AGED 48
YEARS, W/O. JOHN P. ANTONY, RESIDING AT PANJIMARAM
HOUSE, KAKKADPARAMBU, KUNNAMKULAM P.O, THRISSUR -
680503.
BY ADVS.
SRI.JOSEPH KODIANTHARA (SR.)
SRI.B.J.JOHN PRAKASH
SRI.P.PRAMEL
RESPONDENTS:
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
RP.NoS.180 & 222 OF 2021 4
AGED 5 YEARS
D/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,
INCHAMUDI, THRISSUR - 680564.
6 MUHAMMED SHAHID T.S
AGED 13 YEARS
S/O. SHIHABUDHEEN T.H, CLASS VIII STUDENT, LEMER
PUBLIC SCHOOL, REPRESENTED BY HER MOTHER SHAMEERA
SHIHABUDHEEN, RESIDING AT THALIKULAM HOUSE,
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 VII STUDENT, LEMER PUBLIC SCHOOL,
REPRESENTED BY HER MOTHER NASEEMA, RESIDING AT
KARUPPAM VEETIL, P.O, CHENTHRAPPINNI, THRISSUR -
680687.
11 AISHA SUHAIB
AGED 10 YEARS
D/O.SUBAIR, CLASS IV STUDENT, LEMER PUBLIC SCHOOL,
RP.NoS.180 & 222 OF 2021 5
THRIPRAYAR, REPRESENTED BY HER MOTHER, JUMANA
HASSIN, RESIDING AT KARIADATH THAZHATH HOUSE, P.O,
GURUVAYUR, THRISSUR - 680101.
12 FAHEEM SUHAIB
AGED 8 YEARS
CLASS II STUDENT, LEMER PUBLIC SCHOOL, THRIPRAYAR,
REPRESENTED BY HIS MOTHER, JUMANA HASSIN, RESIDING
AT KARIADATH THAZHATH HOUSE, P.O, GURUVAYUR,
THRISSUR - 680101.
13 FATHIMA SUHAIB
AGED 5 YEARS
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, VATANAPPALLY,
THRISSUR - 680614.
16 NIVED SUNIL
AGED 7 YEARS
S/O. SUNIL, CLASS IV STUDENT, LEMER PUBLIC SCHOOL,
THRIPRAYAR, REPRESENTED BY HIS MOTHER, SHABEENA,
RESIDING AT NAMBIPAREECHI HOUSE, VATANAPPALLY,
THRISSUR - 680614.
17 CENTRAL BOARD OF SECONDARY EDUCATION,
SHIKSHA KENDRA 2, COMMUNITY CENTRE, PREET VIHAR,
DELHI - 110092,
18 THE REGIONAL OFFICER,
CENTRAL BOARD OF SECONDARY EDUCATION, B. BLOCK, 2ND
FLOOR, LIC DIVISIONAL, THIRUVANANTHAPURAM - 695001.
19 STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL
EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM -
695001.
RP.NoS.180 & 222 OF 2021 6
SMT.NISHA BOSE-SR.GP.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
24.03.2021, ALONG WITH RP.180/2021, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
RP.NoS.180 & 222 OF 2021 7
ORDER
These petitions have been filed seeking review of the judgment of this Court in W.P(C)No.24046 of 2020 and W.P(C)No.25677 of 2020 dated 09.02.2021, asserting that the fee reduction ordered by this Court would be impossible to be honoured by the School on account of their precarious financial condition.
2. At the Bar, the learned counsel appearing for the review petitioner - Shri.John Prakash B.J., submitted that reduction of 15% as recorded in the judgment was not, in fact, offered by his client, but that the learned Senior Counsel, instructed by him, acceded to it taking note of the sentiment expressed by this Court. He submitted that if the School is to grant the reduction as ordered in the judgment, it would cause them irreparable prejudice, since even the salary of their employees has not been paid yet.
RP.NoS.180 & 222 OF 2021 8
3. Shri.Harish Vasudevan, learned counsel appearing for the writ petitioners in both the cases, submitted that this Court had delivered the judgment sought to be reviewed, without entering into any of the contentions raised by his clients on its merits because the School had agreed at the Bar to grant a reduction of 15% from the Annual Fees. He submitted that if this Court is, therefore, inclined to allow these review petitions, then the writ petitions may be heard particularly noting the objections raised against the report of the District Educational Officer, which is already on record.
4. When I consider the afore submissions and since the review petitioners now say that the reduction as ordered in the judgment was not something that they can honour, I deem it appropriate to allow these review petitions, so that the writ petitions can be reheard.
These review petitions are thus allowed. RP.NoS.180 & 222 OF 2021 9 The Registry is directed to list the writ petitions for consideration as per roster.
Needless to say, the interim order granted in the writ petitions will continue to be in force until the matter is disposed of.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/24.3.2021