No. 8/14.06.2010

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Heard Mr. S. Nayak, the Ld. Advocate for the Revisionist – school authority and Mr. P. Banerjee, the Ld. Advocate for the O.P. No. 1 – Complainant.  None appears for the O.P. No. 2.  The contention of the Revisionist is that the school being a religious minority unaided school their rights permit them to fix tuition fees and other fees to be charged from the students.   The further contention of Mr. Nayak is that already a civil suit had been filed by the guardians’ forum of which the present Complainant is also a member and, therefore, when interim order has been refused in the civil suit and the suit itself is lying pending on the same cause of action, the proceeding before the Forum is not maintainable.

Mr. Banerjee appearing for the Complainant denies the Complainant is a member of the said forum which has filed the civil suit.  Mr. Banerjee further contends that even as a minority unaided school the present revisionist is not entitled to fix any unreasonably high tuition fees and other fees to be charged from the students.

We have considered the respective contentions but it appears that both the said contentions are required to be decided by the Forum in the proceeding pending before it.  But as there is prima facie case of the Complainant, we have considered balance of convenience of the parties.  On this consideration and in the facts of the case we are of the opinion that the impugned order requires modification and the school authorities are permitted to recover enhanced tuition fee from the ward of the Respondent No. 1 who is a student of the school.  But the school authorities are directed to keep the enhanced amount in a nationalized bank and the school authorities are restrained from utilizing the said money and its disbursement will be on the basis of the outcome of the final judgement of the complaint case.  We take into consideration the fact that in case during pendency of the proceeding the student leaves the school and thereafter final judgement is passed by the Forum permitting recovery of the enhanced fees, the school authorities will be in multiplicity of proceedings for recovery of those amounts.  But in case the student becomes entitled to get back the enhanced amount, it can always approach the school for recovery.   The questions raised before us have not been decided on merit and the Forum will be entitled to consider and decide the said questions in accordance with law.