JUDGMENT

When this matter was considered by this Court yesterday (22.02.2021), the father of the petitioner-student, Sri.Jazil Gomez, appeared in person and submitted that he has been constrained to file this Writ Petition because of the financial crisis which his family has been pushed into, on account of the Covid-19 pandemic disruptions. He submitted that he is only asking for 50% waiver of the Fees for the academic year 2020-21 on account of the afore reason and that if he is granted some time, he is willing to pay off the said amounts without any further default.

2. I, therefore, asked Sri.Tony George Kannamthanam – learned counsel for the School, as to what indulgence his client could offer in order to enable the petitioner and his children to get through the crisis, which they say they are facing.

3. Today, Sri.Kurian George Kannamthanam – learned Senior Counsel, instructed by Sri.Tony George Kannamthanam, made concessions far in excess of what this Court could have expected and submitted that, taking note of the financial crisis projected by Sri.Jazil Gomez, the School has taken a decision to either grant the petitioner 40-45% discount in the Fee for the academic year 2020-21 or that if she is willing to change School, they are willing to conduct a special exam for her and to waive the entire Fee for this academic year, so that she can be given a Transfer Certificate to explore the said course. He submitted that he is making the afore alternative suggestion because the sister of the petitioner is also studying in Standard II in the School and her Fee even for the last academic year has not been honoured. The learned Senior Counsel very fairly then added that if Sri.Jazil Gomez is willing to explore the second option given by his client, then both his children can be given Transfer Certificates and that the Fees until now and for the full academic year 2020-21 will be fully waived.

4. Sri.Jazil Gomez responded to the afore suggestions by expressing his gratitude and submitted that since he is unable to continue his children in the School, he may be given the option of withdrawing them on the strength of Transfer Certificates.

In the afore circumstances, recording the submissions of the learned Senior Counsel - that a special examination for Standard IX will be conducted for the petitioner within a couple of weeks and that both her and her sister, who is studying in Standard II in the School, will be given Transfer Certificates at the end of this academic year, without charge of any Fees, either for the balance of the last academic year or for the full academic year 2020-21 - I close this Writ Petition commending the learned Senior Counsel for the fairness exhibited; and leaving liberty to Sri.Jazil Gomez to approach the school for such purpose.

Sd/- DEVAN RAMACHANDRAN

RR

JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE STUDENT IDENTITY CARD OF THE PETITIONER ISSUED BY THE 7TH RESPONDENT SCHOOL.

EXHIBIT P2 TRUE COPY OF SCREENSHOT OF THE EMAIL DATED 8.6.2020.

EXHIBIT P3 TRUE COPY OF SCREENSHOT OF THE EMAIL DATED 15.7.2020.

EXHIBIT P4 TRUE COPY OF SCREENSHOT OF THE EMAIL DATED 21.7.2020.

EXHIBIT P5 THE TRUE COPY OF THE REGISTERED LETTER DATED 24.7.2020.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION EMAIL DATED 25.8.2020.

EXHIBIT P7 TRUE COPY OF THE SCREENSHOT OF THE ONLINE MASS PETITION FILED BY THE PARENTS OF THE STUDENTS OF THE 7TH RESPONDENT SCHOOL IN MAY 2020.

EXHIBIT P8 THE TRUE COPY OF THE CIRCULAR DATED 20TH MAY 2020 ISSUED BY THE 7TH RESPONDENT SCHOOL.

EXHIBIT P9 THE TRUE COPY OF THE FEE STRUCTURE OF THE 7TH RESPONDENT SCHOOL FOR THE ACADEMIC YEAR 2020-2021.

ANNEXURE I TRUE COPY OF THE STATUTORY UPLOAD (INFORMATION - OF-THE-SCHOOL- REQUIRED-TO-BE-UPLOADED-ON-