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2012 Supreme(Ori) 372
HIGH COURT OF ORISSA
SANJU PANDA, J.
Niranjan Mishra and others - Petitioners
Versus
Union of India and others - Opp. Parties
W.P. (C) No. 14739 of 2009
Decided on : 19th December, 2012
For Petitioner: M/s. Subash Chandra Puspalaka, K. Satpathy and K. Mohanty
For Opp. Parties : Mr. Ashok Kumar Mohanty, Sr. Adv., Hrusikesh Tripathy, P.K. Mohanty & P.K. Sahu
Headnote:CONSTITUTION OF INDIA, 1950 - Arts. 119, 120, 226 and 227 - Right of Children to Free and Compulsory Education Act, 2009 Notice issued by Principal, Kendriya Vidyalaya enhancing its tuition fees and other fees - Writ - Kendriya Vidyalaya Sangathan is controlled and functioned under the Central Government - Central Government being the controlling authority should not have collected money from the students of Class-I to Class-XII for promotion of education/computer under the heading of Vidyalaya Vikash Nidhi - Notice quashed as the same being illegal and unconstitutional - Directions issued.
Being a welfare State, it is the duty of the Government to provide education with advance technology to promote its citizen so also the children of the country with international standard and to provide all facilities to the children, who are being educated in Kendriya Vidyalayas with all advance instruments and it should not have collected the money from the children or from the parents of the students.
The Sangathan should not have collected money in the guise of Vidyalaya Vikash Nidhi contribution from all the students which was being made compulsory under Article 119 of the Education Code for Kendriya Vidyalayas. The said Article is violative of the fundamental rights of the children to free and compulsory education and Article 120 regarding Computer fee which is made compulsory for the students from Class-VI onwards. Kendriya Vidyalaya Sangathan being controlled and functioned under the Central Government, it should not have enhanced the fee under those two articles, rather it should have taken a nominal fee. (Paras - 6 and 7)
JUDGMENT
SANJU PANDA, J. -In this writ petition, the petitioners challenge the notice dated 14.09.2009 issued by the Principal, Kendriya Vidyalaya No.4, Niladri Vihar, Bhubaneswar-opposite party No.4 enhancing its tuition fees and other fees.
2. The facts leading to the present writ petition are that the guardians of the students of Kendriya Vidyalaya, No.4, Niladri Vihar, Bhubaneswar are the petitioners in this writ petition. It is averred in the writ petition that the School was opened in the year 2003 starting from Class-I to Class-VII. The Commissioner, Kendriya Vidyalaya Sangathan provided the teaching and non-teaching staffs of the school, who were recruited through proper recruitment procedure. Class-VIII was opened in the year 2005. Thereafter, Class-IX and Class-X were opened in the year 2006 and 2007 respectively. At present, the total student strength of the school is about 520. No tuition fee is charged from the students of Class-I to Class-VIII and for the Girl students of Class-IX and Class X also. Prescribed tuition fee of Rs. 40/- per month was being collected quarterly from the Boy students of Class-IX and Class-X so also Rs.20/- towards computer fee starting from the students of Class-III and Rs. 160/- towards Vidyalaya Vikash Nidhi (VVN) contribution starting from the students of Class-I are being collected. While the matter stood thus, the impugned notice was issued basing upon revision of fee structure by the Kendriya Vidyalaya, New Delhi with effect from 1.10.2009. As per the new fee structure, computer fee was enhanced from Rs. 20/- to Rs. 50/- tuition fee from Rs. 40 to Rs. 200 and Vidyalaya Vikash Nidhi (in short VVN) contribution was enhanced from Rs. 160/- to Rs.240/-with the stipulation that the revised fee will be collected prospectively.
3. Learned counsel for the petitioners submits that the School is an organization under the Ministry of Human Resources Development of the Central Government. The aim and object of the Department is to develop the Human Resources in order to educate the citizen and as such nominal fee was charged from the Boy students of Class-IX and Class-X. It is further submitted that without any rhyme or reason, the tuition fee as well as Vidyalaya Vikash Nidhi (VVN) contribution was enhanced illegally and arbitrarily, even though Central Government is providing all the infrastructure facilities of the School and that major expenditures are being borne by the Central Government. The tuition fee of the kids of the Central Government Employees, who are prosecuting their study, is being reimbursed by the Central Government also. Accordingly, learned counsel for the petitioners submits that since the school is running by the Central Government under the Human Resources Development Department, the impugned notice is liable to be struck down.
4. The Assistant Commissioner, Kendriya Vidyalaya Sangathan, Bhubaneswar-Opposite party No.3 filed counter affidavit oil behalf of all the opposite parties taking a stand that ail the policy decisions are taken by the Board of Governors of the Sangathan headed by the Human Resources Development, Ministry of Government of India and as such the fee structures and its enhancement also decided by the said Board of Governors. The integrated Finance Division of the Human Resources Development headed by the HRD Minister of Government of India observed that Kendriya Vidyalaya Sangathan was enhanced the fee structures in view of the substantial increase in re-imbursement of Tuition fee and Vidyalaya Vikash Nidhi (VVN) contribution under the heading of Child Education Assistance, which increases the revenue of Kendriya Vidyalaya Sangathan and the' Human Resources Development Department also share the expenditure of the Kendriya Vidyalaya Sangathan. Accordingly, the Board of Governors approved the revised fee structure in its 84th Meeting, which was held on 29th July, 2009. The Kendriya Vidyalayas are set up in the civil and defence sectors to meet the needs
