JUDGMENT :

1. The Manager and the Headmistress of the Kadambur Higher Secondary School, Kannur, are before this Court, challenging Ext.P4 proceedings of the Kerala State Commission for Protection of Child Rights (hereinafter referred to as ‘the Commission’) and Ext.P5 letter issued by the Registrar of the Commission, calling upon the persons mentioned in Ext.P5, including the petitioners herein, to furnish action taken report, in terms of the provisions contained in Rule 45 of the Kerala State Commission for Protection of Child Rights Rules, 2012 (hereinafter referred to as ‘the State Rules’).

2. The brief facts of the case are as follows:

The Kadambur Higher Secondary School, is an aided school, situated at Edakkad in Kannur District. According to the petitioners, the student strength of the school is approximately 5000, as of the date of filing of this Writ Petition. According to the petitioners, since the school is situated in a remote area and considering the transportation problems, the school had purchased about 45 buses to transport the students. It is stated that around 90% of the students studying in the school are using the facility and are coming to the school using the school bus. It is stated that the school collects a small fee for the maintenance of the bus services. It is stated that, in addition to fuel expenses, the school also spends significant amounts of money on bus repairs, insurance and other charges. It is stated that each student pays only a small amount towards the services rendered and the school is not making any profit out of the amount collected from the students. It is stated that the school also provides several additional facilities to the students, beyond what is provided by other institutions. It is stated that ‘toilet facilities’ have been provided, for which two bore wells have been dug, in addition to the water being availed from the Kerala Water Authority. It is stated that the school is providing computer labs and has more than 100 computers in the computer lab. It is submitted that the school is spending a significant amount of money towards electricity charges, and no reimbursement is provided by the Government, in respect of such expenses. Medical facilities have also been arranged to take care of emergency medical situations. It is stated that all these are additional facilities not provided by any other aided institution. It is submitted that whenever the Government conducts the annual school ‘Kalolsavam’ there is a practice of collecting amounts from the students by issuing coupons. It is submitted that the amounts are supposed to be collected from the students by issuing coupons and the Kadambur Higher Secondary School does not distribute coupons to the students and instead deposits the value of coupons issued to it, with the State treasury. It is submitted that, for the Kalolsavam held in the year 2014, the school paid a total amount of Rs. 1,26,886/- (Rupees one lakh twenty-six thousand eight hundred and eighty-six only) at the insistence of the educational authorities. It is submitted that Exts.P1 and P1(a) will substantiate this fact. It is submitted that the 5th respondent, claiming to be a public-spirited citizen, addressed a complaint dated 02.03.2015, to the Commission, pointing out that the school was indulging in the practice of collecting bus charges and other infrastructural charges from the students, contrary to the provisions of the Kerala Education Rules. The complaint also stated that one girl student, studying in the 10th standard of the school was unjustly not permitted to appear at the 10th standard examination. A complaint preferred by the father of the said student was also annexed to the complaint. The complainant also produced a copy of the communication dated 12.12.2014, submitted by the 2nd petitioner to the Deputy Director of Education, Kannur, where it has been admitted that charges for providing bus facilities and other infrastructural facilities are bein