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 Sangathan which is in control of Kendriya Vidyalayas was charging money under three different heads:

(1) Pupil Fund

(2) Science Fund and

(3) Maintenance and Development Fund Thereafter, they decided to merge money collected under three heads to a single fund, namely, “Vidyalaya Vikas Nidhi”, hereinafter referred to as 'VVN' and contribution towards VVN was collected from the students on quarterly basis. There was a hike effected in the said amount vide Ext.P3 dated 19.03.2013. We notice that as far as Class I to VIII is concerned, tuition fees is nil but they were collecting for Class III and above Computer Fund at the rate of Rs.50/- and VVN contribution at the rate of Rs.240/-. By the hike effected vide Ext.P3, Computer Fund has been enhanced from Rs.50/- to Rs.100/- whereas VVN contribution has been enhanced to Rs.500/- from Rs.240/-.

3. In the statement filed, it is stated that Kendriya Vidyalayas are maintaining School Fund account to which all the moneys received in the form of Government grants and Tuition Fees received from the students are credited. The VVN which is constituted has merged Pupil Fund, Science Fund and Maintenance and Development Fund. Collection towards Computer Fund is also credited into the VVN which is to be spent exclusively for purchasing computer education consumables, remuneration of Computer Instructors etc. It is further stated that at present Government employees whose wards constitute approximately 73% of total students enrolment are entitled for reimbursement of fees at the rate of Rs.1,250/- per month per child. Therefore there will be no burden on the parents as the entire amount of revised fee will be reimbursable to them from their Office/Department concerned. Remaining 27% of the school children are stated to fall under other categories.

4. It is further stated that with effect from 01.04.2011 in pursuance to the implementation of the Right to Education (RTE) Act in the Kendriya Vidyalaya Sangathan, students admitted under the provisions of the RTE Act are totally exempted from payment of fees and provided reimbursement of expenditure incurred towards text books, note book, uniform and transportation. Annexure C Circular is issued to extend financial assistance to children who are in distress.

5. Learned Single Judge passed an interim order in the writ petition, by which, subject to result of the writ petition, a direction was given to stay the operation of Ext.P3. It is against the same, W.A.No.1353/2013 is filed.

6. We heard the learned senior counsel Sri.K.Jaju Babu for the petitioner and also the learned senior counsel Sri.V.V.Asokan for respondents 2 and 3 in the writ petition.

7. The learned counsel for the petitioner no doubt would point out Section 3 of the Act besides Article 21A of the Constitution. He wo