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VIDYANIKETAN PUBLIC SCHOOL PARENTS ASSOCIATION v. VIDYANIKETAN EDUCATION AND CULTURAL TRUST
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10THDAY OF AUGUST, 2021
BEFORE
THE HON'BLE MR.JUSTICE P.B. BAJANTHRI REVIEW PETITION.NO.187/2020
IN
WRIT PETITION NO.22915/2019 (EDN-RES)
BETWEEN:
VIDYANIKETAN PUBLIC SCHOOL
PARENTS ASSOCIATION NO.232,
R.H. BCS, 2NDPHASE, RAILWAY
BADAVANE, MALLATHAHALLI,
BENGALURU - 560 110 PH NO: 080-23240397
REP. BY ITS PRESIDENT
MR. SHIVARAJU S/O MAUNIYABOVI AGED ABOUT 46 YEARS … PETITIONER
(BY SRI. NANJAPPAN B., ADVOCATE
SRI. BHUSHAN GUDEKOTE, ADVOCATE
SRI. AMRUTESH N.P., ADVOCATE)
AND:
1. VIDYANIKETAN EDUCATION AND CULTURAL
TRUST, ULLAL ROAD CROSS, ULLAL
UPANAGARA, BENGALURU - 560 056 PH.NO.080-23240395/080-23240364 REP. BY ITS TRUSTEE & PRINICPAL
MR. VIJAY KRISHNA RAJAGOPAL
S/O RAJAGOPAL, AGED 42 YEARS,
AND ALSO VIDYANIKETAN PUBLIC
SCHOOL, ULLAL ROAD CROSS,
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ULLAL UPANAGARA,
BENGALURU - 560 056 PH.NO.080-23240395/080-23240364
REP. BY ITS TRUSTEE AND PRINCIPAL
MR. VIJAY KRISHNA RAJAGOPAL
S/O RAJAGOPAL, AGED ABOUT 42 YEARS.
2. THE COMMIISSIONER,
BENGALURU URBAN DISTRICT &
CHAIRMAN, DISTRICT EDUCATION
REGULATORY AUTHORITY (DERA),
KANDAYA BHAVANA, K.G.ROAD,
BENGALURU - 560 009.
3. THE DEPUTY DIRECTOR,
DEPARTMENT OF PBLIC
INSTRUCTION, BENGALURU
SOUTH DISTRICT, KALASIPALYA,
BENGALURU - 560 018.
4. THE BLOCK EDUCATION OFFICER,
DEPARTMENT OF PUBLIC INSTRUCTION,
SOUTH ZONE, SHANKARAPURAM,
BENGALURU - 560 004.
5. THE DEPUTY COMMISSIONER,
DEPARTMENT OF PRIMARY &
SECONDARY EDUCATION
BENGALURU URBAN DISTRICT,
NRUPATHUNGA ROAD,
BENGALURU - 560 001.
6. THE SECRETARY,
THE STATE OF KARNATAKA,
DEPARTMENT OF PRIMARY &
SECONDARY EDUCATION,
M.S.BUILDING,
BENGALURU - 560 001.
7. THE JOINT SECRETARY, (SE-1),
HUMAN RESOURCES DEVELOPMENT
MINISTRY, GOVERNMENT OF INDIA,
SHASTRI BHAVAN, NEW DELHI - 110 001.
8. THE CHAIRMAN,
CENTRAL BOARD OF
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SECONDARY SCHOOL
SHIKSHA KENDRA NO.02,
COMMUNITY PRET VIHAR,
NEW DELHI - 110 092.
9. COMPTROLLER AUDIT GENERAL OF INDIA
POCKET-9, DEEN DAYAL UPADHYAYA MARG, NEW DELHI - 110 124.
10. THE COMMISSIONER OF INCOME TAX,
CENTRAL REVENUE BUILDING,
NO.01, QUEENS ROAD,
BENGALURU - 560 001. ... RESPONDENTS (BY SRI. ABHINAV R, ADVOCATE FOR R-1 SMT. H.C. KAVIITHA, HCGP FOR R-2 TO 6
SRI. M. VASUDEVA RAO, SENIOR CENTRAL GOVT
PANEL COUNSEL FOR R-9
R- 8 & 10 ARE SERVED AND UNREPRESENTED)
THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 R/W
114 OF CPC, PRAYING THIS HON'BLE COURT MAY PLEASE BE ACCEPT
THE REVIEW PETITION AND REVIEW THE ORDER DATED: 24.02.2020
IN W.P. NO. 22915/19 (ANNX- 'A') AND PASS SUCH OTHER ORDERS
AS MAY BE NECESSARY IN THE FACTS AND CIRCUMSTANCES AND IN
THE INTEREST OF NATURAL JUSTICE AND EQUITY AND ETC.,
THIS PETITION COMING ON FOR HEARING - INTERLOCUTORY APPLN THROUGH VIDEO CONFERENCING/ PHYSICAL HEARING (OPTIONAL), THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
Pursuant to the previous orders issued from time to time, what remains in the present petition is relating to payment of arrears of school fees on behalf of the petitioner-parents association. Petitioner-parents association have furnished
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calculation by means of an affidavit along with memo dated
26.07.2021.
2. Learned counsel for the review petitioner submitted that as on today, 123 students who are part and parcel of the petition have been reduced to 90 students since 33 students have withdrawn and they were stated to have paid independent school fees. Therefore, petitioner-parents association are not liable to pay any arrears of school fees as calculated by the respondent-institution for the year 2019-2020, over and above for 90 students.
3. Per contra, learned counsel for respondent-institution pointed out from the statement of objections to the memo of calculation/clarification dated 26.07.2021. The petitioner-parents association had communicated a letter dated 25.09.2020 to respondent-institution in which it is stated that as on 25.09.2020, 105 students have to pay fees. Respondent- institution is demanding fees for 103 students. In terms of Annexure-R1, letter dated 25.09.2020 for the academic year 2019-2020, 123 students were part and parcel of the petitioner- parents association. Therefore, review petitioner's calculation for 90 students for the academic year 2019-2020 cannot be
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accepted. Consequently, review petitioners are hereby directed to pay the difference of school fees as demanded by the respondent-institution within a period of two months from the date of receipt of this order, failing which, they are liable to pay interest at the rate of 10% p.a. on difference of school fees. With the above observation, review petition stands disposed of. Consequently, pending interlocutory applications stands disposed of.
Sd/-
JUDGE
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