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2012 Supreme(Ori) 59
2012 (1) OLR 966
ORISSA HIGH COURT (CUTTACK)
M.M.DAS, J.
NON-NALCONIANS PARENTS ASSOCIATIONS, ANGUL & ORS. ……...Petitioners.
Vrs.
STATE OF ORISSA & ORS. ………Opp.Parties.
W.P.(C) NOS. 5219 & 5923 OF 2009
Decided On : 09.02.2012
For Petitioners -M/s. Samir Kumar Mishra, K.R.Sahoo & K.R.Mohanty.
For Opp.Partoes -M/s. Addl. Govt. Advocate (for O.Ps. 1,2 &4) M/s. R.K.Rath, Sr. Advocate, N.R.Rout & Miss Pami Rath (for O.P.3& 5)
For Petitioners -M/s. J.Sahoo & P.S.Das,
For Opp.Parties -M/s. Addl. Govt. Advocate (for O.Ps.1,2,&4)
Reasonable classification and rational relation to the object sought to be achieved justified differential school fees, and no violation of Article 14 of the Constitution was found.
Headnote:
Discrimination - School Fees - Societies Registration Act - Constitution of India
Fact of the Case:
The parents associations of two Delhi Public Schools challenged the increase in registration and monthly tuition fees for non-employees' children, alleging discrimination.
Finding of the Court:
The court found that the schools were primarily established to provide quality education to the children of the company's employees, and the differential fees were justified by the company's financial support and social corporate obligation.
Issues: Alleged discrimination in school fees between children of company employees and non-employees.
Ratio Decidendi: Reasonable classification based on intelligible differentia and rational relation to the object sought to be achieved justified the differential fees, and no violation of Article 14 of the Constitution was found.
Final Decision: The writ petitions were dismissed for being devoid of merit.
JUDGMENT
M.M. DAS,J. These two writ petitions have been filed by the parents associations constituted by the parents of the students of Delhi Public School, Nalco Nagar, Angul and Delhi Public School, Damanjodi along with others, who are of parents/guardians of students of those schools and are not employees of National Aluminum Company Ltd. (in short, ‘the NALCO’) challenging increase in registration fees and monthly tuition fees in respect of their children reading in Nursery to Class-XII in the said schools.
2. It appears that the school authorities issued a circular in the month of March, 2009 in both the schools prescribing the fees in respect of NALCO Nagar, Angul D.P.S. and Damanjodi D.P.S. as quoted hereunder:-
“DELHI PUBLIC SCHOOL
NALCO NAGAR
Ref. DPS/AGL/Admn/87/2009 Date: 23.03.09
C I R C U L A R
Dear Parents,
As we are about to conclude the session, we wish to thank you for your cooperation and help extended during the session 2008-09. We look forward to your continued support in the year to come.
The following is the schedule for distribution of Text Books for the session 2009
– 10 at Jr. School premises. The payment is to be made to the Book seller at the counter.
Date Classes Timings
01.01.09 Nursery, Prep. I 8.00 A.M. – 1.00 P.M.
01.04.09 II, III, IV 2.00 p.m. – 6.30 P.M.
(Evening 7.30 P.M. to 9.30 P.M. – Nursery, Prep. I, II, III, IV)
02.04.09 V, VI, VII 8.00 A.M. – 1 P.M.
02.04.09 VIII, IX 2. 00 P.M. – 6.30 P.M.
(Evening 7.30 P.M. to 9.30 P.M. – V, VI, VII, VIII, IX)
03.04.09 All classes 8.00 P.M. – 1.00 P.M.
All classes 2. 00 P.M. – 5.00 P.M.
The new session will commence on 4th April, 2009 and the reporting time for the students is 6.30 A.M. and the classes will be over at 10.30 A.M. The students are required to wear summer uniform from 4th April, 2009 (Ties need not be worn). The students are allowed to put on canvas shoes on the days they have PT classes).
The following is the fees chargeable from the wards of Non-Nalconians w.e.f. 01.04.2009.
Sl. No. Particulars Revised fees
01. Annual Fees (per annum) Rs.2,400/-
02. Assignment fees (per annum) Rs.200/-
03. Tuition Fees
a) Nursery to class – VIII (per month)
b) Class IX & X
c) Class XI & XII Rs.1,200/-(per month)
Rs.1,300/-(per month)
Rs.1,500/-(per month)
The fees of NALCO, CISF, DPS & SVM employees wards remain unchanged.
Your co-operation in this regard will be appreciated.
(Sd/-V.K. Arora)
Principal ”
“ DELHI PUBLIC SCHOOL
DAMANJODI
No: DPS: DMJ: ADM: 98 31st March 2009
Dear Parent,
As per the decision taken by the school Managing Committee, the fee structure has been revised and will be implemented with effect from 1st April, 2009. The details are given below.
SN. PARTICULARS FEE TRUCTURE
01 Registration Fees (One Time) Rs.400/-
02 Admission Fees (One Time) Rs.4000/-
03 Annual Fees (Annually) Rs.2400/-
However, fees charged from the parents of Nalco, CISF & SVM remains as it was.
All of you are requested to extend co-operation in this regard.
With kind regards,
Sincerely yours,
Sd/-Deepanwita Das Principal (I/c) ”
3. The only question canvassed in both the writ petitions is that the school authorities are charging different fees from the children of employees of NALCO and from the children of the petitioners-parents who are not employees of NALCO and, therefore, the same amounts to discrimination.
4. Counter affidavits have been filed in both the writ petitions by the authorities of the schools, inter alia, stating that the Delhi Public Schools in both the places are societies registered under the Societies Registration Act and were established at Angul and at Damanjodi in the year 1984 and 1983 respectively pursuant to agreements dated 24.1.1984 and 28.9.1983 entered into between NALCO and the DPS society, New Delhi and both the schools were established by NALCO. The agreements have been annexed to the counter affidavits.
5. Mr. R.K. Rath, learned senior counsel appearing on behalf of the NALCO as well as the sch
