Parents Association, Little Angels Public School, Baragarh v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 20444 of 2022 Parents Association, Little Angels Public School, Barapali ....
Petitioner Mr. J. Sahoo, Advocate - Versus - State of Odisha & Ors.
....
Opp. Party Mr. B.Mohanty, Standing Counsel for S & ME Department
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER
30.08.2022 1.
This matter is taken up through hybrid mode.
Order No.
02.
2.
Heard learned counsel for the petitioner and learned learned Standing Counsel for School and Mass Education Department. 3.
The petitioner is the Parents Association of Little Angels Public School, Barapali represented by its President. The grievance of the Association is that the management of the School has charged enhanced fees which is entirely contrary to the notification issued by the Government of Odisha in School and Mass Education Department on 19.01.2021 and 03.06.2021. It is submitted that the said notifications have been issued on the basis of the orders passed by this Court as well the Supreme Court of India. It is submitted that ventilating such grievance the Association has submitted representation to the opposite party authorities on 07.04.2022, which has duly been served upon them as per copy of the postal tracking report attached to the writ application. A, reminder has also been sent on 16.04.2022 by
email. It is submitted that no action has been taken in the matter till date and in the meantime, by notices dated 15.07.2022 and 03.08.2022, the Principal of the School has called upon the parents to clear the outstanding fees of the children before the examination, failing which late payment of charges would be applicable for each quarter.
4.
Considering the fact that the grievance of the petitioner Association is pending before the authorities and particularly before the opposite party no.3, the Regional Officer, Central Board of Secondary Education (CBSE), it would be in the fitness of things if a decision is taken by him at the first instance. Therefore, without expressing any opinion on the merits of the case, the writ petition is disposed of directing the opposite party no.3 to dispose of the representation of the petitioner Association within a period of two weeks from the date of communication of this order or on production of certified copy thereof by the petitioner. It is needless to mention that while disposing of the representation, the notifications dated 19.01.2021 and 03.06.2021 issued by the Government in School and Mass Education Department shall be taken into account and the representative of the petitioner Association shall be given an opportunity of being heard.
5.
Till disposal of the representation as above, fees shall be accepted at the earlier rate.
6.
Writ petition is disposed of accordingly.
7.
Issue urgent certified copy as per rules.
(Sashikanta Mishra) Judge A.K. Rana