HRIDYESH LOGANI vs BILASPUR PRIVATE SCHOOL MANAGEMENT ASSOCIATION SOCIETY

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Judgment Reserved on: 05/03/2021 Judgment Delivered on : 10/03/2021 WP (PIL) No. 100 of 2020 Durg D.P.S Palak Association 2, Commercial Complex, Nehru Nagar, Bhilai, District Durg Chhattisgarh Through Its President, Mr. Bishakh Basu, Aged About 49, Years, S/o Late B. S. Basu, R/o Flat No. 116, Shikhar Apartments, Junwani Road, Bhilai, District Durg Chhattisgarh ---- Petitioner Versus
1. State of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur District Raipur Chhattisgarh
2. Director Public Instructions Directorate Of Public Instructions, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur District Raipur Chhattisgarh
3. Chhattisgarh Private School Management Association Office Address Jhabak Bada, Kamasipara, Sadar Bazar Ward Raipur Chhattisgarh
4. Delhi Public School (D. P. S.) Junwani Road, Nehru Nagar, Durg Bhilai Chhattisgarh ---- Respondents WA No. 357 of 2020 {Arising out of Order dated 09.07.2020 passed in WPC No. 1040 of 2020 by the learned Single Judge}
1. Harsh Sheth, S/o Kanubhai J. Sheth, Aged About 36 Years R/o Ganga Nagar Sector - 2, Near Shiv Shankar Provision Store, Mangla Road, Bilaspur Chhattisgarh.
2. Varsha Kesharwani, W/o Pawan Kesharwani, Aged About 34 Years R/o Green Garden Colony, Mungeli Road, Bilaspur Chhattisgarh.
3. Suresh Kumar Pal, S/o B.R. Pal, Aged About 43 Years R/o R-10, Phase - III, Rama Life City, Sakri, Bilaspur Chhattisgarh.
4. Payal Lath, W/o Shabd P Lath, Aged About 38 Years R/o J.P. Heights, Shubham Vihar, Usalapur, Bilaspur Chhattisgarh.
5. Dimple Dewangan, W/o Ramesh Dewangan, Aged About 32 Years R/o Shanti Lodge Marg, Juna Bilaspur, Bilaspur Chhattisgarh.
6. Priyanka Shrivastava, W/o Malay Shrivastava, Aged About 33 Years R/o E-127, Rama Life City, Sakri, Bilaspur Chhattisgarh.
7. Navreen Ahmed, Wd/o Late Aadil Ahmed, Aged About 30 Years R/o House No.
226/ C, Phase 1, Rama Life City, Sakri, Bilaspur Chhattisgarh.
8. Sushama Tiwari, W/o Nitesh Tiwari, Aged About 39 Years R/o Vidyanagar, Bilaspur Chhattisgarh.
9. Kiran Sannad, W/o Abhishek Sannad, Aged About 32 Years R/o Narmada Nagar, Bilaspur Chhattisgarh.
10.Vinita Soni, W/o Sanjay Soni, Aged About 41 Years R/o A L - 183, Asma City, Sakri, Bilaspur Chhattisgarh.
---- Appellants Versus
1. State of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, Raipur, Chhattisgarh.
2. Director (Public Instructions) Directorate Of Public Instructions, Mantralaya, Indravati Bhawan, Naya Raipur, Atal Nagar Chhattisgarh.
3. District Education Officer Bilaspur, Chhattisgarh.
4. Central Board of Secondary Education Shiksha Kendra 2, Community Centre, Preet Vihar, Vikas Marg, Delhi 110092, Through Its Joint Secretary.
5. Bilaspur Private School Management Association Society Registered Under The Societies Registration Act 1973, Bearing Reg. No. 1222201936676, Having Office At Brilliant Public School, Mission Hospital Road, Bilaspur, District Bilaspur, Chhattisgarh. Through Its President Praveen Agrawal ---- Respondents WA No. 380 of 2020 {Arising out of Order dated 09.07.2020 passed in WPC No. 1040 of 2020 by the learned Single Judge}
1. Anil Pathak S/o Badri Nath Pathak Aged About 36 Years R/o Jorapara Sarkanda Thasil And District Bilaspur Chhattisgarh
2. Pawan Tamrakar S/o Shri Mani Ram Tamrakar Aged About 40 Years R/o Triveni Nagar, Jabdapara, Tahsil And District Bilaspur Chhattisgarh ---- Appellants Versus
1. Bilaspur Private School Management Association Society Registered Under The Societies Registration Act, Bearing Reg.No. 1222201936676, Having Office At Brilliant Public School Mission Hospital Road, Bilaspur, District Bilaspur, Chhattisgarh, Through Its President Praveen Agrawal
2. State of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, Raipur Chhattisgarh
3. Directorate (Public Instructions) Directorate Of Public Instructions, Mantralaya, Indravati Bhawan, Naya Raipur, Atal Nagar, Chhattisgarh.
4. District Education Officer Bilaspur Chhattisgarh
5. Central Board of Secondary Education Shiksha Kendra 2, Community Centre, Preet Vihar, Vikas Marg, Delhi 110092, Through Its Joint Secretary ---- Respondents WA No. 381 of 2020 {Arising out of Order dated 09.07.2020 passed in WPC No. 1040 of 2020 by the learned Single Judge}
1. Abhijit Sarkar S/o Sh. A. Sarkar Aged About 48 Years R/o L.I.C. 120, A Din Dayal Awas Bahatarai Bilaspur, Chhattisgarh
2. Abhishek Verma S/o Late Shri S.K. Verma Aged About 43 Years R/o Plot No.
184, Rajkishor Nagar, Bilaspur, Chhattisgarh ---- Appellants Versus
1. Bilaspur Private School Management Association Society Registration Act.
Bearing Reg. No. 1222201936676, Having Ofice At Brilliant Public School, Mission Hospital Road, Bilaspur, District Bilaspur, Chhattisgarh Through Its President Praveen Agrawal.
2. State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, Raipur, Chhattisgarh.
3. Direcotrate (Public Instructions) Directorate Of Public Instructioins Mantralaya, Indravati Bhawan, Naya Raipur, Atal Nagar, Chhattisgarh
4. District Education Officer Bilaspur, Bilaspur, Chhattisgarh
5. Central Board Of Secondary Education Shiksha Kendra 2, Community Centre, Preet, Vihar, Vikas Marg, Delhi- 110092, Through Its Joint Secretary ---- Respondents WA No. 382 of 2020 {Arising out of Order dated 09.07.2020 passed in WPC No. 1040 of 2020 by the learned Single Judge}
1. Shiv Pradhan S/o Bhagiram Pradhan Aged About 40 Years R/o Raza Masjid Bhartiy Nagar Thasil And District Bilaspur Chhattisgarh
2. Mirza Shams Tabrez S/o Shri Mirza Shamim Beag Aged About 48 Years R/o Saba Manjil Talapara Bilaspur Chhattisgarh.
---- Appellants Versus
1. Bilaspur Private School Management Association Society Registered Under The Societies Registration Act , Bearing Reg. No. 1222201936676, Having Office At Brilliant Public School Mission Hospital Road, Bilaspur District Bilaspur , Chhattisgarh , Through Its President Praveen Agrawal
2. State of Chhattisgarh Through The Secretary, Department Of School Education , Mantralaya , Mahanadi Bhawan, Naya Raipur, Atal Nagar Raipur Chhattisgarh.
3. Directorate (Public Instructions) Directorate Of Public Instructions, Mantralaya , Indravati Bhawan, Naya Raipur , Atal Nagar Raipur Chhattisgarh
4. District Education Officer Bilaspur Chhattisgarh.
5. Central Board of Secondary Education Shiksha Kendra 2 Community Centre, Preet Vihar, Vikas Marg, Delhi 110092, Through Its Joint Secretary.
---- Respondents WA No. 383 of 2020 {Arising out of Order dated 09.07.2020 passed in WPC No. 1040 of 2020 by the learned Single Judge}
• Manish Kumar Agrawal S/o Late Shri Shankar Lal Agrawal Aged About 50 Years R/o Subhas Nagar Gond Para Bilaspur Chhattisgarh.
---- Appellant Versus
1. Bilaspur Private School Management Association Society Registered Under The Societies Registration Act , Bearing Reg. No. 1222201936676, Having Office At Brilliant Public School Mission Hospital Road, Bilaspur District Bilaspur , Chhattisgarh , Through Its President Praveen Agrawal
2. State Of Chhattisgarh Through The Secretary, Department of School Education , Mantralaya , Mahanadi Bhawan, Naya Raipur, Atal Nagar Raipur Chhattisgarh.
3. Directorate (Public Instructions) Directorate Of Public Instructions, Mantralaya , Indravati Bhawan, Naya Raipur, Atal Nagar Raipur Chhattisgarh.
4. District Education Officer Bilaspur Chhattisgarh.
5. Central Board of Secondary Education Shiksha Kendra 2 Community Centre, Preet Vihar, Vikas Marg, Delhi 110092, Through Its Joint Secretary.
---- Respondents WA No. 384 of 2020 {Arising out of Order dated 09.07.2020 passed in WPC No. 1040 of 2020 by the learned Single Judge}
• Hridyesh Logani S/o Shri Jogendar Lal Logani Aged About 49 Years R/o Subhas Nagar, Gond Para, Bilaspur (Chhattisgarh)
---- Appellant Versus
1. Bilaspur Private School Management Association Society Registered Under The Societies Registration Act. Bearing Reg. No. 1222201936676, Having Office At Brilliant Public School Mission Hospital Road, Bilaspur, District Bilaspur, Chhattisgarh. Through Its President Praveen Agrawal.
2. State of Chhattisgarh Through The Secretary, Department of School Education, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar Raipur Chhattisgarh
3. Directorate (Public Instructions) Directorate Of Public Instructions, Mantralaya, Indravati Bhawan, Naya Raipur, Atal Nagar, Chhattisgarh.
4. District Education Officer Bilaspur (Chhattisgarh)
5. Central Board of Secondary Education Shiksha Kendra 2, Community Centre, Preet Vihar, Vikas Marg, Delhi 110092 through its Joint Secretary ---- Respondent WA No. 389 of 2020 {Arising out of Order dated 09.07.2020 passed in WPC No. 1040 of 2020 by the learned Single Judge}
1. Yogendra Kumar Ojha S/o Shri Arun Kumar Ojha Aged About 43 Years R/o Ojha Niwas Azad Nagar, Bilaspur Chhattisgarh
2. Sanjay Tiwari S/o Baleshwar Tiwari Aged About 53 Years R/o Khuti Para Mopka, Bilaspur Chhattisgarh ---- Appellant Versus
1. Bilaspur Private School Management Association Society Registered Under The Societies Registration Act. Bearing Reg. No. 1222201936676, Having Office At Brilliant Public School Mission Hospital Road, Bilaspur District Bilaspur Chhattisgarh Through Its President Praveen Agrawal.
2. State of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, Raipur, Chhattisgarh
3. Director (Public Instructions) Directorate Of Public Instructions, Mantralaya, Indravati Bhawan, Naya Raipur, Atal Nagar. Chhattisgarh
4. District Education Officer Bilaspur, Chhattisgarh.
5. Central Board of Secondary Education Shiksha Kendra 2, Community Centre, Preet Vihar, Vikas Marg, Delhi 110092, Through Its Joint Secretary ---- Respondents WA No. 390 of 2020 {Arising out of Order dated 09.07.2020 passed in WPC No. 1040 of 2020 by the learned Single Judge}
1. Manoj Kumar Gupta S/o Late Shri Shiv Prasad Gupta Aged About 38 Years R/o Samta Vihar Colony, Tikrapara, Bilaspur Chhattisgarh ---- Appellant Versus
1. Bilaspur Private School Management Association Society Registered Under The Societies Registration Act. Bearing Reg. No. 1222201936676, Having Office At Brilliant Public School Mission Hospital Road, Bilaspur, District Bilaspur, Chhattisgarh. Through Its President Praveen Agrawal.
2. State of Chhattisgarh, Through The Secretary, Department of School Education, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar Raipur Chhattisgarh
3. Directorate (Public Instructions) Directorate of Public Instructions, Mantralaya, Indravati Bhawan, Naya Raipur, Atal Nagar, Chhattisgarh
4. District Education Officer Bilaspur (Chhattisgarh)
5. Central Board of Secondary Education Shiksha Kendra 2, Community Centre, Preet Vihar, Vikas Marg, Delhi 110092 Through Its Joint Secretary ---- Respondents WA No. 416 of 2020 {Arising out of Order dated 09.07.2020 passed in WPC No. 1040 of 2020 by the learned Single Judge}
• Siddhant Dangi (Minor)(Peti. In Person) Aged About 5 Years R/o Plot No. 674, 675, R-11, Rama Valley, Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Appellant Versus
1. State of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya New Raipur, Atal Nagar, District Raipur Chhattisgarh
2. Director (Public Instructions) Directorate Of Public Instractions, Mantralaya, Indravati Bhawan, Naya Raipur Atal Nagar, Raipur Chhattisgarh
3. District Education Officer Bilaspur Chhattisgarh
4. Central Board of Secondary Education Shiksha Kendra 2, Community Centre, Preet Vihar, Vikas Marg, Delhi 110092, Through Its Joint Secretary
5. Bilaspur Private School Management Association Society Registered Under The Societies Registration Act 1973, Bearing Reg. No. 1222201936676, Having Office At Brilliant Public School, Mission Hospital Road, Bilaspur, District Bilaspur, Chhattisgarh. Through Its President Praveen Agrawal ---- Respondents WA No. 15 of 2021 {Arising out of Order dated 02.09.2020 passed in WPC No. 2047 of 2020 by the learned Single Judge}
1. Soumy Diwan (Minor) Aged About 14 Years (Through Natural Guardian Sona Diwan), R/o House No. 394, Besides Football House, Sunder Nagar, Raipur Chhattisgarh
2. Rudraksh Sawarnkar (Minor) Aged About 9 Years (Through his Natural Guardian Pawan Sawarnkar), R/o Priyadarshani Colony, Raipur Chhattisgarh
3. Diya Jain (Minor) Aged About 16 Years (Through Natural Guardian Dharmendra Jain), R/o New Rajendra Nagar, Raipur, Chhattisgarh
4. Mahika Pawar (Minor) Aged About 14 Years (Through Natural Guardian Vikram Pawar), R/o D-450, Tagore Nagar, Raipur.
5. Mouli Baradia (Minor) Aged About 13 Years (Through Natural Guardian Pankaj Baradia ), R/o D-52, Fun Fiesta Ground, Shailendra Nagar, Raipur, Chhattisgarh
6. Dhwani Khiyam (Minor) Aged About 13 Years (Through Natural Guardian Mahi Amit Khiyam ) R/o 700, Laxmi Nagar, Tikrapara, Raipur, Chhattisgarh
7. Friday Darira (Minor) Aged About 16 Years (Through his Natural Guardian Girish Darira )r/o 700, Laxmi Nagar, Behind Golden Marble, Tikrapara, Raipur, Chhattisgarh
8. Navadha Seth (Minor) Aged About 13 Years (Through her Natural Guardian Shishir Seth ) R/o B-601, City of Dreams, Off Vidhan-Sabha Road, Kachna, Raipur, Chhattisgarh
9. Vinisha Shihani (Minor) Aged About 13 Years (Through Natural Guardian Heera Shihani ) R/o Priyadarshini Colony, Raipur, Chhattisgarh.
10.Svraksha Jiwan (Minor) Aged About 16 Years (Through his Natural Guardian Ravi Jiwan) R/o S1, Rajiv Nagar, Raipur, Chhattisgarh
11.Vanshika Premchandani (Minor) Aged About 16 Years (Through his Natural Guardian Predeep Pranchandri ) R/o Avanti Vihar, , Raipur, Chhattisgarh
12.Raghav Verma (Minor) Aged About 15 Years (Through his Natural Guardian Ritesh Verma) R/o Parag-Street, Fafadih, Raipur, Chhattisgarh
13.Nihal Singh (Minor) Aged About 14 Years (Through his Natural Guardian Gurdeep Singh ) R/o Srinagar, Raipur, Chhattisgarh)
14.Yash Kedia (Minor) Aged About 15 Years (Through his Natural Guardian Ravi Kedia) R/o Singapore City, Mohaba Bazaar, Raipur, Chhattisgarh
15.Siddharth Upadhyay (Minor) Aged About 13 Years (Through Natural Guardian Pramod Upadhyay ) R/o D-46, Rohinipuram, Opp. Alpha-Palace, Raipur, Chhattisgarh
16.Raunak Jain (Minor) Aged About 16 Years (Through his Natural Guardian Prabha Jain) R/o Jeewan Apartment, Shanker Nagar, Raipur, Chhattisgarh
17.Anusha Panda (Minor) Aged About 16 Years (Through his Natural Guardian Debasis Panda) R/o B-63, Capital City- Phase 3, Saddu, Raipur- 492014
18.Aadya Verma (Minor) Aged About 7 Years (Through her Natural Guardian Namrata Verma ) R/o Maruti Residency, Amlidih, Raipur, Chhattisgarh
19.Sambhav Upadhyay (Minor) Aged About 14 Years (Through Natural Guardian Saurabh Upadhyay) R/o 608, Sundar Nagar, Raipur, Chhattisgarh
20.Arnav Sharma (Minor) Aged About 14 Years (Through his Natural Guardian Arvind Sharma ) R/o 119, Om Society, Sundar Nagar, Raipur, Chhattisgarh)
21.Mansvi Somani (Minor) Aged About 16 Years (Through her Natural Guardian Anand Somani )r/o 101/12, Ashoka Ratna, Khamardih, Raipur, Chhattisgarh
22.Aarchi Goyal (Minor) Aged About 13 Years (Through Natural Guardian) Sanjay Agrawal, R/o K-3, Dubey Colony, Mowa Raipur, Chhattisgarh
23.Manikya Mishra (Minor) Aged About 13 Years (Through His Natural Guardian Nivedita Mishra),r/o G-2, Sri- Ram Nagar, Raipur, Chhattisgarh ---- Appellants Versus
1. State of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur District Raipur Chhattisgarh
2. Director (Public Instructions) Directorate Of Public Instructions, Mantralay, Indravati Bhawan, Naya Raipur Atal Nagar, Raipur Chhattisgarh 3. District Education Officer Raipur District Raipur Chhattisgarh
4. Central Board of Secondary Education Shiksha Kendra 2, Community Centre, Preet Vihar, Vikas Marg, Delhi 110092
5. Bhavans R. K. Sarda Vidya Mandir Through Its Principal, Saddu Barona Road, Raipur Chhattisgarh.
---- Respondents For Appellants Shri Kishan Lal Sahu and Shri Abhijeet Sarkar, Advocates in WA-380, 381, 382, 383, 384, 389 and 390/2020.
Shri Malay Shrivastava, Advocate in WA-357/
2020.
Shri Kshitij Sharma, Advocate in WA-15/
2021.
Shri Saurabh Dangi, In Person in WA-416/
2020.
For Writ Petitioner : Shri Sumesh Bajaj, Advocate in WPPIL-100/
2020.
For Respondent/State : Shri S.C.Verma, Advocate General, Shri Sudeep Agrawal, Deputy Advocate General and Shri Chandresh Shrivastava, Deputy Advocate General For Respondent/Bilaspur Private Shri Ashish Shrivastava, Advocate.
School Management Association Society.
For Respondent-CBSE. : Shri T.K.Tiwari, Advocate.
For Respondent/ Delhi Public School Shri Manoj Paranjpe and Shri Bharat Sharma (in WP (PIL) No. 100/2020)
For Respondent/Union of India : Shri Ramakant Mishra, Assistant Solicitor General Hon'ble Shri P.R. Ramachandra Menon, Chief Justice Hon'ble Shri Parth Prateem Sahu, Judge

C A V Judgment

Per P.R. Ramachandra Menon, Chief Justice

1. Judgment passed by the learned Single Judge in Writ Petition (C) No. 1040 of 2020 filed by the Bilaspur Private School Management Association Society, setting aside the impugned orders/circulars dated 01.04.2020 (Annexure P/1) and 22.04.2020 (Annexure P/2) issued by the Director, Public Instructions, preventing the private school managements from collecting the tuition fees and also from taking any action for recovery is put to challenge in all the appeals, except WA No. 15/2021. The learned Single Judge has, however, permitted the private educational institutions to collect only the 'tuition fees' and not any other fees for the current academic session, which has been declared to be the same as that was charged for the previous academic session. WA No. 15/2021 is in fact against the verdict in WP(C) No. 2047/2020 whereby the Writ Petitioners were relegated to move the statutory authority/Government in view of the provisions of the Chhattisgarh Private Schools Fee Regulation Bill 2020 {Chhattisgarh Non Government Schools Fees Regulation Act, 2020 (for short 'the Act, 2020')} for redressal of their grievances. WP(PIL) No. 100/2020 has been filed by an unregistered Association of the parents of the students who are pursuing their studies in the Delhi Public School, Durg, seeking to interdict the steps being pursued to collect the 'tuition fees' till proper fixation of the fees is undertaken by the statutory authority under the Act, 2020.

2. The Appellants in the above appeals (except WA No. 15/2021) were not parties to the writ petition and as such, the said appeals have been filed with a petition seeking for granting leave to file the appeals against the verdict passed by the learned Single Judge. The grievance projected by the Appellants and the Public Interest Litigant is in respect of the tuition fees and such other fees collected by the educational institutions concerned, particulars of which are summarised for easy reference as given below:

Sl.No.	Case No.	Educational Institution Concerned
1	WA No. 357/2020 The Jain International School, Bilaspur.
2	WA No. 380/2020 St. Xavier High School, Sarkanda, Bilaspur.
3	WA No. 381/2020 Loyola School, Rajeev Vihar, Lingiyadih, Bilaspur.
4	WA No. 382/2020 St. Xavier High School, Vyapar Vihar, Bilaspur.
5	WA No. 383/2020 Delhi Public School, Tifra, Bilaspur.

6	WA No. 384/2020 Brilliant Public School, Bahatarai, Bilaspur.
7	WA No. 389/2020 DAV School, Vasant Vihar, Bilaspur.
8	WA No. 390/2020 Brilliant Public School, Vyapar Vihar, Bilaspur.
9	WA No. 416/2020 Delhi Public School, Tifra, Bilaspur.
10	WA No. 15/2021	Bhavan's R.K. Sarda Vidya Mandir, Raipur.
11	WPPIL 100/2020	Delhi Public School, Durg.

3. WA No. 357/2020 is taken as the lead case and the parties and proceedings are referred to as given therein, except where it is separately referred to.

4. The sequence of events reveals that pursuant to the outbreak of Covid-19 pandemic, the schools were virtually remaining closed from March, 2020 and slowly, by the passage of time, the classes were being taken mostly on the online platform. The educational institutions, as mentioned above are those in the 'unaided private sector' who are not receiving any grant or aid from the Government. They run the establishment on the basis of the fees collected from the students, for paying the salary to the teaching and non- teaching staff, installation of various infrastructure, day to day maintenance and development under different heads. Because of the various reasons, as a consequence of Covid-19 lockdown, the general public was virtually finding it difficult to make both their ends meet and this affected the field of education as well, whereby the parents of the children who were pursuing their studies in the above schools were finding it difficult to pay the fees. At the same time, running of the schools also became difficult for want of cash in flow,

Click Here to Read the rest of this document