JUDGMENT

Dated this the 25th day of March 2021

1.The writ petition is filed seeking the following reliefs:-

”i) Issue a Writ of Mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 3 to take appropriate action to prevent the 4th respondent from discriminating students on the basis of religion or caste in the matter of school fees and discounts in school fees. ii) Issue a Writ of Mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 3 to fix uniform fees for all the students in the 4th respondent school, taking into account the covid - 19 pandemic situation.

iii) Issue a Writ of Mandamus or any other appropriate writ, order of direction commanding the respondents 1 to 3 to ensure that the children of the petitioners are allowed to attend the online class and complete the academic year without any obstruction in

4th respondent school.”

2.Heard the learned counsel for the petitioners, the learned Government Pleader, the learned Standing Counsel for the CBSE and the learned Senior Counsel appearing for the 4th respondent Manager.

3.It is submitted by the learned counsel for the petitioners that the petitioners are the parents of the students of the 4th respondent's school. They contend that the school had been conducting only online classes during the previous year, but had been demanding fees ranging from Rs.23,200/- to Rs.33,700/- for classes from LKG to Standard XII during the previous year as is evident from Exhibit P2. It is submitted that due to Covid 19 pandemic there were huge job losses, economic recession etc. and the parents were not in a position to pay the huge fees demanded. It is stated that schools were also not having expenses as in normal times. Exhibit P3 representation was, therefore, submitted by 433 parents of 605 students seeking remission in the fee. It is stated that the said request was rejected by the management, but the management was granting major fee discount/subsidy only to students who belong to the St.Mary's Church. Exhibits P4 and P5 fee receipts are produced in support of the said contention. It is stated that some of the petitioners submitted a representation expressing their willingness to pay the 1st installment and requesting the extension of relaxation of fees and for permission to their wards to attend classes. However, it is submitted that even in spite of repeated requests and complaints preferred before all authorities, no steps have been taken to redress the petitioners' grievances.

4. A detailed counter affidavit has been placed on record by the

4th respondent. It is submitted that one of the petitioners had not remitted any fees so far. It is stated that seven of the petitioners have remitted fees for one child, even though two children are studying in the school. The remaining four parents have remitted the first term fees. It is stated that therefore only four of the petitioners have remitted the first term fees as directed in the interim order. It is stated that the school is run by a charitable society by name St.Mary's Charitable society and that 1271 students are studying in the school. By Exhibit R4(a) dated 21.12.2020, a 30% discount of the entire fees was given to all students from LKG to Class 12. It is further stated that in case of students, who had specifically made request for remission of fees on the ground of financial distress, concession of fees ranging from 50% to

100% had been granted to several students, as is evident from Exhibit R4(b). It is further submitted at paragraph 9 of the counter affidavit as follows:-

“The petitioners rely upon Exts. P4 and P5 to show that different rates of fees are charged from the children of two religious communities is absolutely false and incorrect. It is submitted that the school is run by St.Mary's Charitable Society. The members of the charitable society are given concession in the fees to their children. This is not the first time and the same has been practic