IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 WP(C).No. 22376 of 2011(V) ---------------------------------- PETITIONER(S): ------------------- NCS CIVILIAN PARENTS ASSOCIATION, 18/1357, OPTIMA COMPLEX, NEAR BOT BRIDGE, COCHIN-682 006, (REPRESENTED BY ITS SECRETARY, P.S.PRADEEP). BY SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE ADVS. SRI.TONY GEORGE KANNANTHANAM SRI.MATHEW K. SIMON RESPONDENT(S): -------------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEFENCE AFFAIRS, NEW DELHI-110 092. 2. NAVY EDUCATIONAL SOCIETY,(REPRESENTED BY ITS MEMBER SECRETARY), NAVAL HEAD QUARTERS, NEW DELHI-110 092. 3. THE COMMAND EDUCATION OFFICER,HEAD QUARTERS, SOUTHERN NAVAL COMMAND, COCHIN-682 004. 4. THE PRINCIPAL,NAVAL CHILDREN SCHOOL, NAVAL BASE, COCHIN-682 004. 5. THE CENTRAL BOARD OF SECONDARY EDUCATION (CBSE), REGIONAL OFFICE, ANNA NAGAR WEST, CHENNAI-600 040. R1 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA R2,3,4 BY ADVS.SRI.E.K.NANDAKUMAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH R-5 BY ADVS.SRI.DEVAN RAMACHANDRAN SRI.K.M.ANEESH SRI.K.SANTHOSH KUMAR (KALIYANAM) SRI.S.NIKHIL SANKAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 22376/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE REGISTRAR OF SOCIETIES, ERNAKULAM. P2: COPY OF THE LIST OF MEMBERS, ALONG WITH THE DETAILS OF THEIR WARDS. P3: COPY OF THE CHART SHOWING THE FEE STRUCTURE FOR CIVILIANS 2010-2011. P4: COPY OF THE CHART SHOWING THE FEES PAYABLE BY CHILDREN OF DEFENCE PERSONNEL 2010-2011. P5: COPY OF THE CIRCULAR GIVEN TO THE CIVILIAN PARENTS. P6: COPY OF THE CHART SHOWING THE FEES PAYABLE BY CIVILIAN CHILDREN 2011-2012. P7: COPY OF THE CHART SHOWING THE FEES PAYABLE BY CHILDREN OF DEFENCE PERSONNEL 2011-2012. P8: COPY OF THE REQUEST DATED 06/02/2009 TO THE PUBLIC INFORMATION OFFICER, SOUTHERN NAVAL COMMAND. P9: COPY OF THE INFORMATION RECEIVED ON 06/02/2009 FROM THE PUBLIC INFORMATION OFFICER, -DO- P10: COPY OF THE REQUEST DATED 06/03/2009 TO THE PUBLIC INFORMATION OFFICER, SOUTHERN NAVAL COMMAND. P11: COPY OF THE INFORMATION RECEIVED ON 06/03/2009 FROM THE PUBLIC INFORMATION OFFICER, -DO- P12: COPY OF THE LETTER DATED 01/08/2009 FROM THE 3RD RESPONDENT TO THE PETITIONER. P13: COPY OF LIST OF MEMBERS OF THE SCHOOL MANAGING COMMITTEE AVAILABLE IN THE WEBSITE. P14: COPY OF THE LETTER DATED 31/01/2006 BY THE PRINCIPAL DIRECTOR OF WORKS TO THE FLAG OFFICER. P15: COPY OF PRINT OUT DETAILS OF THE INDIAN NAVAL AMENITIES FUND FROM THE WEBSITE. P16: COPY OF THE REPRESENTATION DATED 29/11/2011 FROM THE PETITIONER. svs ..............2/-... ...2... WPC. NO.22376/2011 RESPONDENT'S EXHIBITS: R3(a):COPY OF THE NEWSPAPER REPORT PUBLISHED IN THE NEW INDIAN EXPRESS DATED 02/08/2011. R3(b): COPY OF THE NEWSPAPER REPORT PUBLISHED IN THE MALAYALA MANORAMA DAILY DATED 01/08/2011. R3(c): COPY OF THE NEWSPAPER REPORT PUBLISHED IN KERALA KAUMUDHI DATED 31/07/2011. R3(d): COPY OF THE NEWSPAPER REPORT PUBLISHED IN DESHABHIMANI DATED 31/07/2011. R3(e): COPY OF THE NEWSPAPER REPORT PUBLISHED IN MALAYALA MANORAMA DATED 31/07/2011. /TRUE COPY/ P.A. TO JUDGE. svs P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 22376 OF 2011 -------------------------- Dated this the 12th day of December, 2011 J U D G M E N T The petitioner, a registered association formed by parents of civilian children studying in the Naval Children School, Naval Base, Cochin has filed this writ petition mainly aggrieved by the enhancement of fees to be paid by civilian children studying in the school. 2. When the writ petition came up for hearing today, Sri.Kurian George Kannanthanam, learned Senior Advocate appearing for the petitioner submitted that as the petitioner has filed Ext.P16 representation before the Chairman of the Central Board of Secondary Education, New Delhi, this writ petition may be disposed of leaving open the contentions raised in the writ petition and with a direction to the Chairman of the Central Board of Secondary Education to dispose of Ext.P16 representation with notice to the petitioner and respondents 2 and 4 and after affording them an opportunity of being heard. In such circumstances, I dispose of the writ petition with a direction to the Chairman of the Central Board of Secondary WPC No.22376/2011 2 Education to examine Ext.P16 representation filed by the petitioner and take an appropriate decision thereon expeditiously and in any event within two months from the date of receipt of a certified copy of this judgment after affording the representatives of the petitioner and of respondents 2, 3 and 4 an opportunity of being heard. The contentions of both sides on the merits are kept open. The Chairman of the Central Board of Secondary Education shall also issue appropriate interim orders to respondents 2 and 4 regarding payment of the enhanced fee by civilian students of the Naval Base till he takes a decision in the matter. P.N.RAVINDRAN, (JUDGE) vps WPC No.22376/2011 3