JUDGMENT

SANJU PANDA, J.

Since common questions of facts and law are involved in both the writ petitions, they are heard together and disposed of by this common judgment.

2. The petitioners in W.P.C No. 2440 of 2012, who are the nominated members of the Parents’ Grievance Redressal Forum, whose children are reading in St.Vincent Convent School, Balasore, hereinafter to be referred to as ‘School’, in short, and the petitioners in W.P.(C) No.1920 of 2012, who are the students reading in Class I and III through their mother guardian, are challenging the action of the School so far as unusual hike of school fees in the midst of the session 2011-12. They have been imposed a condition that unless the students pay the enhanced fee, they will be debarred from appearing the final examination, which was scheduled to be held in February, 2012.

3. The short facts as revealed from the writ petitions are that the school is a recognized unaided institution affiliated to the Indian School Certificate Examination (ICSE/ISC) Board, New Delhi and the school is preparing its students for the ICSE Examination in Standard X level and ISC Examination at +2 level. The students’ strength of the school is 1883. The students of the school are paying the school fees as per the fee structure, which was communicated to them in their respective fees book including tuition fees, examination fees, computer fees, development fees, Digi class solution fees etc. The students are paying the said fees regularly. While the matter stood thus, the school authorities demanded enhanced fees of Rs.700/-towards Digital Solution as well as activities fees every month from the month of February, 2011 and June, 2011 for which the petitioner-Association in an unanimous meeting held on 30.10.2011 passed a resolution and requested the management not to collect enhanced fees. Further, the Principal of the school by a notice in Annexure-3 directed to stop collection of digital and activities fees from the children. The school management pursuant to a memorandum presented by a group of parents on 30th October, 2011 formed a School Management Committee and that apart in the said reply to the memorandum it has been mentioned that the school management is willing to form a grievance redressal mechanism to address the concerns of the parents and the same will be held quarterly. This intimation was given by the school authorities sometime in November, 2011. However, till date neither they have formed such grievance redressal mechanism nor have taken any step. But before the final examination of the students, the school authorities gave a notice to the students that if the students fail to pay the dues, they will not be allowed to appear at the final examination in 2012. Challenging such action of the school authorities, the present writ petitions have been filed by the petitioners.

4. Pursuant to the interim order dated10.2.2012 in Misc. Case No. 2057 of 2012, this Court directed the school authorities to allow the children of the petitioner-association to appear in the ensuing examination, which was scheduled to be held from February, 2012.

5. Counter affidavit has been filed by the school authorities taking a stand that the school is a minority institution and it provides all sorts of facilities to the students as well as staff and it provides best education to its students. Apart from this, the school also provides curricular activities such as, music, dance (both classical and modern), Karate, Yoga, Abacus, creative writing, public speaking and under that head, the school is collecting Rs.40/-only from Class-I to Class-V. The school has also provided all other infrastructural facilities to its students and the total expenditure of the school is depending upon the fees received from the students towards tuition fees, admission fees etc. Since the school is a purely private unaided one, the school management has decided to provide its students all modern technology like Computer and