The Sibling Fee Relief is subject to specific terms and conditions and does not confer an absolute right. Disputes regarding entitlement to the scheme should be resolved through mutual settlement.

JUDGMENT :

1. Heard Shri Shesh Kumar, learned counsel appearing along with Shri Ritesh Upadhyay, learned counsel for the petitioners, learned Standing Counsel for the State-respondent Nos. 1 to 4, Shri H.N. Pandey, learned counsel for the CBSE, New Delhi/respondent No. 5 and Shri Tarun Agarwal, learned counsel for the respondent Nos. 6 and 7.

2. A claim of Sibling Fee relief of 50% introduced by the respondent Nos. 6 and 7 institution for the Session 2022-2023-2024 and its denial on account of a solitary default leading to unpleasantaries being exchanged between the petitioner No. 1 and the school authorities respondent Nos. 6 & 7, lodging of complaints, police complaints, defamation suit and culminating in issuance of transfer certificates against the petitioner Nos. 2 and 3 has travelled to this Court.

3. The writ petition has been filed for issuance of a writ of mandamus commanding the respondent Nos. 6 & 7 to accept the fees of the petitioner No. 2 and 3, enroll their names in the school rolls and permit them to take their respective classes without any hindrance in the interest of justice.

4. The facts giving rise to the controversy involved in the instant writ petition briefly stated are that the petitioner No. 1 is an ex-serviceman having retired from the post of Sergeant in the Indian Air Force. The elder son of the petitioner No. 1, namely, Sushmit Dagar was a student of the school run by the respondent Nos. 6 and 7 and passed out in the academic session 2021-22 and is currently pursuing B.Tech course in IIT, Kanpur. The other children of the petitioner No. 1 i.e. the petitioner Nos. 2 and 3 took admission in the institution of the respondent Nos. 6 & 7 in classes 6th and 4th in the academic Session 2020-2021 and studying in classes 8th and 6th in the academic session 2022-2023.

5. On 5th of August, 2021 the school administration introduced a Scheme/Circular for fee rebate under the head of COVID relief and Sibling Relief for the academic session 2022-2023-2024. The Sibling Relief Scheme provided 50% fee relief to parents who have admitted their two children to the school and such fee relief would be given to the younger sibling who is the biological offspring of the same parents. The relief process would be fully automated and once the application is received, processed and approved, credit note would be automatically posted to the younger ward's fee account. The credit note would be posted only upon timely payment of fee every quarter i.e. 5th April, 5th July, 5th October and 5th January. The scheme further provided that the relief would not be available to parents who wish to pay school fee in monthly installments or fee payment is received beyond due date. The relief would also be available to the parents who deposit the entire year fee in one go, on or before 5th April. The scheme further provided that the full fee of the older sibling and balance fee for the younger sibling must be deposited on or before the due date to avail the relief and would be available to one child only at a time. Apart from the above, the scheme provided that it would remain applicable for session 2023-2024 and that the school reserved its right to withdraw the relief post 2023-2024 or if a child is found guilty of disciplinary misdemeanor damages school property and is unable to pass exams or the parents is found misbehaving with school staff or his behaviour is questionable and any disrespect towards school or its staff by the parents or child would make the relief withdrawn.

6. Learned counsel for the petitioners submits that the combined fee of the petitioner Nos. 2 and 3 after taking into consideration the benefit of the Sibling Scheme and 10% COVID relief works out to a sum of Rs.52,704/- per quarter which the petitioner No. 1 deposited for the session 2022-2023. A detailed chart has been depicted in Para 12 of the writ petition giving the dates, cheque Nos. and amount deposited. It is contended that for the academic session 2022-2023 th