IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 13041 of 2002 BETWEEN: 1 P. Sunil, S/o P.S. Narayana, Constable in CISF, Godavarikhani, Karimnagar District. 2 K. Anjali, D/o K. Koteswarlu, Constable in CISF, Godavarikhani, Karimnagar District. 3 Sanjay Depkekar, S/o Depkekar, Constable in CISF, Godavarikhani, Karimnagar District. 4 Kumari Divya, D/o S. Depkekar, Constable in CISF, Godavarikhani, Karimnagar District. 5 S. Kumari, D/o S. Dhasarath, Constable in CISF, Godavarikhani, Karimnagar District. 6 S. Venkat, S/o Dhasarath, Constable in CISF, Godavarikhani, Karimnagar District. 7 P. Srinath, S/o P. Venkateswarlu, Constable in CISF, Godavarikhani, Karimnagar District. 8 Ranjith Saw, S/o Rameshwar, Constable in CISF, Godavarikhani, Karimnagar District. 9 Sanjith Kumari, D/o Rameshwar, Constable in CISF, Godavarikhani, Karimnagar District. 10 Kurkula Bhanu Praveen Kumar, S/o K.P. Rao, Constable in CISF, Godavarikhani, Karimnagar District. ... PETITIONERS AND 1 The Union of India, rep. by its Secretary, Ministry of Human Resources and Development, New Delhi. 2 The Chairman, Kendriya Vidyalaya Management, Committee and Executive Committee, Jyothinagar, NTPC, Ramagundam, Karimnagar District. 3 The Assistant Commissioner, Hyderabad, Kendriya Vidyalaya Sangathan, Picket, Secunderabad. 4 The Principal, Kendriya Vidyalaya, NTPC (R), Jyothinagar, Ramagundam, Karimnagar District. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more in the nature of writ of Mandamus declaring the action of the Vidyalaya Management Committee and the Executive Committee in fixing the different fees structure by enhancing and charging the tuition fee in the case of wards (Boys & Girls) of Non-NTPC employees and also the proceedings issued by the 4th respondent pursuant to the Communication received from the Managing Committee and Executive Committee vide letter No. 6-1/KVS (Budget) dated 12-11-1999 as illegal, arbitrary and violative of principles of Art, 14 & 21 of the constitution of India and pass such other order or orders. Counsel for the Petitioners: MR.V.RAVI KIRAN RAO Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following: ORDER: Learned counsel for the petitioners submits that the subject matter of this writ petition is squarely covered by a judgment of this Court in W.P.No.7758 of 2001 and batch dated 14.08.2003. 2. The aforesaid batch of writ petitions was allowed with the following directions: i. All the students of Kendriya Vidyalaya, NTPC, Jyothinagar, Ramagundam, first respondent herein, from Class I to VIII whether they are wards of NTPC employees or wards of non-NTPC employees must be provided education free without charging any tuition fee. It is however open to the Kendriya Vidyalaya to charge other ancillary items of fees other than tuition fee; ii. All the girl students studying in Kendriya Vidyalaya from Class I to XII cannot be charged any tuition fee though the Kendriya Vidyalaya can charge other ancillary items of fees; iii. All the children of Central Government employees whether or not they are not posted at NTPC cannot be charged any tuition fee higher than the tuition fee charged from the children of employees of NTPC, CISF (NTPC), children of Kendriya Vidyalaya staff and children of SC/ST employees. iv. There shall be a direction to respondents in terms of clauses (i) to (iii) above. v. Writ Petition Nos.21919, 24453, 24697 and 25866 of 2001 and 8599, 13285 and 22456 of 2002 are disposed of in terms of the above directions; and vi. There shall be no order as to costs. Having regard to the facts and circumstances of the case, the writ petition is accordingly allowed in terms of the aforesaid judgment. There shall be no order as to costs. ______________ V. ESWARAIAH, J August 12, 2008 DSK