IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 OP(C).No. 342 of 2011(O) --------------------------------------- (O.S.891/2009 OF MUNSIFF COURT,KODUNGALLUR) ......... PETITIONERS: ----------------------- 1. S.N.EDUCATIONAL & CULTURAL SOCIETY, CHENTRAPPINNI, KODUNGALLUR TALUK, REP. BY ITS PRESIDENT, SUBRAMANNIAN, EDAMUTTAM P.O., KODUNGALLUR TALUK, THRISSUR DISTRICT, PIN : 680 568. 2. THE PRINCIPAL, S.N.VIDYA BHAVAN SENIOR SECONDARY SCHOOL, CHENTRAPPINNI, KODUNGALLUR TALUK,HRISSUR DIST. PIN : 680 687. 3. THE SECRETARY, S.N.EDUCATIONAL & CULTURAL SOCIETY, CHENTRAPPINNI P.O., KODUNGALLUR TALUK, THRISSUR DISTRICT, PIN : 680 687. 4. THE TREASURER, S.N.EDUCATIONAL & CULTURAL SOCIETY, CHENTRAPPINNI P.O., KODUNGALLUR TALUK, THRISSUR DISTRICT, PIN : 680 687. BY ADVS. SRI.K.V.SOHAN, SMT. SREEJA SOHAN, SRI.GEORGE JOSEPH PULIMOOTTIL. RESPONDENT(S): ----------------------------- 1. SUDHEER, S/O.KOLLARA GOPALAN, EDATHIRUTHI P.O., KODUNGALLUR TALUK, THRISSUR DISTRICT, PIN: 680 703 2. SUNILKUMAR, ADVOCATE, S/O.THEKKINIYEDATH NADARAJAN MASTER, VALAPPAD P.O., KODUNGALLUR TALUK, THRISSUR DISTRICT, PIN: 680 567. R1 & R2 BY SRI.K.RAMAKUMAR, SENIOR ADVOCATE , BY ADV. SRI. RAMPRASAD UNNI.T., SRI.REKHESH SHARMA. THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OP(CIVIL)NO.342/2011 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PLAINT IN O.S.891/2009 ON THE FILE OF THE MUNSIFF COURT, KODUNGALLUR DTD. 11/02/2010. P2: COPY OF THE TEMPORARY INJUNCTION PETITION ALONG WITH THE AFFIDAVIT DTD. 23/11/2008. P3: COPY OF THE COUNTER FILED BY DEFENDANTS 1 AND 2 DTD. 23/12/2009. P4: COPY OF THE COUNTER FILED BY DEFENDANTS 3 AND 4 IN I.A.2112/2009 DTD. 3/09/2010. P5: COPY OF THE ORDER IN I.A.2112/2009 DTD. 3/09/2010. P6: COPY OF THE JUDGMENT IN CMA 43/2010 ON THE FILE OF THE PRINCIPAL SUBORDINATE JUDGE'S COURT, IRINJALAKUDA DTD.10/1/2011. P7: COPY OF THE ORDER IN I.A.463/2010 DTD. 15/03/2010. P8: COPY OF THE ORDER IN WP.11846/2010 DTD. 7/04/2010. P9: COPY OF THE JUDGMENT IN W.P.11846/2010 DTD. 17/05/2010. P10: COPY OF THE INTERIM ORDER IN CONTEMPT CASE 643/2010 DTD.16/6/2010. P11: COPY OF THE MINUTES OF THE MEETING HELD ON 14/02/2009. P12: COPY OF THE CBSE AFFILIATION BYELAWS. P13: COPY OF THE REQUEST GIVEN BY THE REPRESENTATIVES OF THE STAFF ASSOCIATION OF S.N.VIDYA BHAVAN TO THE PETITIONER DTD.25/2/2011. P14: COPY OF THE REPLY GIVEN BY THE PETITIONER TO THE REPRESENTATIVES OF THE STAFF DTD. 28/02/2011. P15: COPY OF THE AUDITED BALANCE SHEET AS AT 31/3/2007 DTD. 26/10/2007. P16: COPY OF THE AUDITED BALANCE SHEET AS AT 31/3/2008 DTD. 26/09/2008. P17: COPY OF THE AUDITED BALANCE SHEET AS AT 31/03/2009 DTD. 20/11/2009. P18: COPY OF THE JUDGMENT IN WP.14756/2010 DTD. 30/06/2010. P19: COPY OF THE ORDER IN I.A.6756/2011 DTD.11/04/2011. P20: COPY OF THE LETTER SENT BY RESPONDENT NO.1, DTD. 24/04/2011. Kss ..2/- ...2.... OP(CIVIL)NO.342/2011 P21: COPY OF THE LETTER SENT BY THE PETITIONER TO THE FIRST RESPONDENT, DTD. 4/05/2011. P22: COPY OF THE OBJECTION SUBMITTED BY THE RESPONDENTS AND OTHERS DTD. NIL WITH RESPECT TO THE PROPOSED REVISED FEE. P23: COPY OF THE MINUTES OF THE MEETING DTD. 16/05/2011 CONVENED FOR CONSULTATION WITH PARENTS ASSOCIATION. P24: COPY OF THE REVISED FEE STRUCTURE AFTER CONSULTATION ALONG WITH THE INTIMATION TO THE PARENTS ASSOCIATION. P24: COPY OF THE REVISED FEE STRUCTURE AFTER CONSULTATION ALONG WITH THE INTIMATION TO THE PARENTS FOR THE ACADEMIC YEAR 2011 - 2012, DTD. 23/05/2011. P25: COPY OF THE COMPARATIVE STATEMENT OF FEE STRUCTURE IN SOME OTHER SCHOOLS NEARBY. P26: COPY OF A CHART SHOWING THE FEE AFTER REVISION INCLUDING SPECIAL FEE AND COMPUTER FEE FOR THE ACADEMIC YEAR 2011-2012 AT PETITIONER SCHOOL. RESPONDENT'S EXHIBITS: R1(A): COPY OF THE INTIMATION SENT TO THE PANCHAYAT BY THE MANAGEMENT. R1(B): COPY OF THE NEWSPAPER REPORT APPEARED IN THE MATHRUBHUMI DAILY DTD. 27/05/2011. R1(C): COPY OF THE FEE CIRCULAR DTD. 27/05/2011 BY THE PRINCIPAL OF SN VIDYA BHAVAN. R1(D): COPY OF ORDER TD. 25/05/2011 BY THE FIRST PETITIONER. /TRUE COPY/ P.A.TO JUDGE Kss P.BHAVADASAN, J. ---------------------------------------------------------- OP(C) No.342/11 & IA No.7873 of 2011 ---------------------------------------------------------- Dated this the 17th day of June 2011 Judgment The petitioners have filed an application as IA No.7873/11, seeking a direction from this court to allow the Management of the petitioner Society to collect fees from the students of the school run by it, as stipulated in Ext.P24. 2. At the outset itself, one may notice that the scope of this OP is considerably limited as the challenge made was only to Exts.P5 and P6 orders passed by the courts below. On an earlier occasion, when this matter came up for consideration before this court, this court passed an order directing the Management to collect fees at the pre-revised rates. Later, when it was submitted that the Management was willing to consult with the representatives of the Parents' Association, an order was passed by this court on 11.04.2011, directing the OPC 342/11 2 respondents to convene a general body meeting of the parents' association and elect its office bearers and thereafter to consult with five of such office bearers regarding revision of the fee structure. The said order is produced as Ext.P19. 3. The present petition has been filed on the ground that in pursuance of Ext.P19 order passed by this court, effective consultation has been made with the representatives of the parents' association and even though there is no consensus regarding the enhancement of the fee structure, the Management is constrained to enhance the fees, in order to meet the challenges before it. It is accordingly pointed out that the Management may be allowed to collect fees at the revised rates as shown in Ext.P24. 4. The prayer is strongly opposed by the respondents by filing a counter affidavit wherein it is pointed out that there is no effective consultation with the representatives of the parents' association and that the OPC 342/11 3 claim of enhancement raised by the Management as per Ext.P24 is without any basis. 5. All these matters are beyond the scope of the OP before this Court, which was limited to the challenge against Exts.P5 and P6 orders passed by the courts below. The courts below were persuaded to take the view that fees should be collected at the pre-revised rates because the Management had taken a stand that they were not willing to consult with the representatives of the parents' association. Now, it is submitted on behalf of the Management that there has been an effective consultation as contemplated under the CBSE Affiliation Bye-laws. According to the Management, nothing more remains to be done in the matter and so, they are entitled to enhance the fees as per Ext.P24. It is a matter to be decided by the trial court afresh. In view of the fact that the earlier order was passed in the absence of a consultation as required by the CBSE Affiliation Bye-laws, it will be only appropriate to relegate the matter to the trial court for fresh consideration OPC 342/11 4 in the light of what has been stated above. 6. The trial court will consider the prayer now raised before this court by filing IA NO.7873/11 afresh and pass appropriate orders thereon in accordance with law, uninfluenced by its earlier order within one month from today. A copy of the OP(C) along with the copies of all the exhibits and IAs shall be forwarded immediately to the Munsiff's Court, Kodungallur for its consideration. The trial court will take up the matter on 28.06.2011. The OP(C) is disposed of as above. Send a copy of this judgment to both the courts below for information. P.Bhavadasan, Judge sta OPC 342/11 5