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2014 Supreme(Ker) 302

K.M.JOSEPH, A.K.JAYASANKARAN NAMBIAR
Kendriya Vidyalaya Parents Association, represented by its Secretary C. A. George Felix Antony – Appellant
Versus
Union of India, represented by Secretary – Respondent


Advocates appeared:
For the Petitioner:N. Nagaresh, Shaji Thomas, Binu Paul, T.V. Vinu, Prakash Kesavan, Advocates.
For the Respondents:P. Parameswaran Nair, ASG of India, R1, George Zacharia, CGC, R2 & R3, V.V. Asokan, Jaju Babu, Sr. Advocates.

Judgment :

K.M. Joseph, J.

1. The writ petition and the writ appeal are connected and we dispose the same by a common judgment.

2. The writ petition is filed by the Parents Association of the Kendriya Vidyalaya. It is the case of the writ petitioner that in view of Article 21A of the Constitution of India and the Right of Children to Free and Compulsory Education Act, 2009, hereinafter referred to as the 'Act', the respondents 2 and 3 are not entitled to levy any fee from the students. However, according to them, the mandate of the Constitution and also the Act is violated in the action of the respondents collecting a monthly fee of Rs.160/- from the students. The prayer sought for is to quash Ext.P3 and further to declare that respondents are not entitled to collect any amount from the students in Kendriya Vidyalayas, as Tuition fee, Vidyalaya Vikas Nidhi or under any other name. A statement has been filed by respondents 2 and 3 producing Annexures A to F. It is their contention that the hike which is challenged in the writ petition is very reasonable and there is no scope for any judicial review. As per Ext.P1, upto 31.03.1999, it would appear that the Kendriya Vidyalaya Sangatha














































































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