Education institutions must comply with legal requirements regarding fees and provide students the means to continue education; grievances regarding violations can be pursued per law.

ORDER :

R Devdas, J.

This writ petition is filed by students represented by their guardians voicing grievances against the institution where the students are studying. The respondents No.5 to 7 is the institution and its management against whom grievances are voiced by the petitioners. This writ petition was filed on 20.09.2024 with various prayers including to de-recognize the institution; take legal action against the institution and the management; declare that the removal of the students from the institution is illegal and the institution and the management are guilty of violating the fundamental rights guaranteed under Article 21A of the Constitution of India and the provision of the Right of Children to Free and Compulsory Education Act, 2009 etc.

2. During the course of this petition, this Court directed the guardians of the petitioners to file affidavits before this Court stating as to whether the students have been enrolled in some other institution or whether they have not joined any other school. Affidavits have been filed by the guardians accordingly on 06.08.2025 clearly stating that the students have been enrolled in other institutions only to ensure that their schooling and studies would continue. It is also stated that the guardians have ensured homeschooling of the petitioners immediately after the students were removed from the institution.

3. Learned Senior Counsel Sri K.N.Phanindra, appearing for respondents No.5 to 7, institution and the management stated that the students were never prevented from attending the classes only because the fees have not been paid. On the other hand, it is submitted that the guardian of the petitioners herein have failed to pay the fee of the petitioners from the year 2018 and despite the same the students were permitted to continue their studies in the school. It is submitted that in some of the cases herein, the other elderly siblings of petitioner No.7 has continued to study in the school and he completed 10th Standard without paying fee for nearly

3 years. Despite all these circumstances, the institution has accommodated the petitioners herein to study in the school and they were never removed from the school as sought to be contended at the hands of the petitioners herein. Learned Senior Counsel submits that the guardians of the petitioners are in the habit of making complaints against the institution and the management on one pretext or the other and the management of the institution have been summoned by the respondent authorities including the Child Rights Commission. Learned Senior Counsel submits that it is true that certain orders were passed against the institution by some authorities and the institution and the management have complied with the directions issued wherever possible and the institution would reserved its rights to raise a challenge to such orders if they are not in accordance with law. Learned Senior Counsel would submit that the now when it is clear that the petitioners have joined some other institution, the writ petition should be disposed of reserving liberty to the institution to recover the fee from the guardians.

4. The guardians of the petitioners herein, who have appeared as party-in-person have been permitted to make their submissions before this Court. It is contended by the guardians that the institution and the management are guilty of various violations including the collection of fee without authority of law and that is not the only allegation against the institution. The guardians would insist on the implementation of the Karnataka Education Institution's (Regulation of Certain Fees and Donations) Rules, 1999, notified by the Government of Karnataka in the notification bearing No.