IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.No.45102/2017 (EDN – RES) BETWEEN :
SRI SIDDANAGOUD H. DANNUR C/O PRABHUGOUD B. TUMBIGI, AGED ABOUT 45 YEARS #NO.14, MAMATHA APARTMENTS, 4TH MAIN, 2ND FLOOR, GANDHINAGAR, BANGALORE-560 009. ...PETITIONER (BY SRI PRABHUGOUD B. TUMBIGI, ADV.) AND :
1. THE STATE OF KARNATAKA BY ITS SECRETARY HIGHER SECONDARY EDUCATION, VIDHAN SOUDHA, BANGALORE 560001.
2. THE COUNCIL FOR THE INDIAN SCHOOL CERTIFICATE EXAMINATONS (ICSE) PRAGATHI HOUSE, 3RD FLOOR, 47-48, NEHRU PLALACE, NEW DELHI-110505 BY ITS SECRETARY.
3. BISHOP COTTON BOYS’ SCHOOL NO.15, RESIDENCY ROAD, BANGALORE-560 025 REP. BY ITS PRINCIPAL. …RESPONDENTS (BY SMT.PRAMODHINI KISHAN, AGA FOR R-1 & R-2;
SRI BALAJI NAIDU, ADV. FOR SRI K.K.VASANTH, ADV. FOR R3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO RETURN THE PAID FEES AMOUNT OF Rs.3,24,745/- TO THE PETITIONER BY CONSIDERING THE REPRESENTATION DATED 29.06.2017 PRODUCED VIDE ANNEXURE-D.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner is before this Court seeking for a direction to the respondent No.3 to return the paid fees of Rs.3,24,745/- by considering the representation dated 29.6.2017 produced at Annexure-D to the writ petition.
2. The petitioner’s son Rahul Reddy was admitted to the 3rd respondent school for the academic year 2016- 2017 for the IX Standard and has paid the total fees of Rs.3,24,745/-. It is submitted that the student within 15 days refused to go to the school and he was withdrawn from the 3rd respondent school.
3. It is the grievance of the petitioner that the representation submitted by him to refund the fees of Rs.3,24,745/- has not been responded by the respondent No.3-Institution. Hence, this writ petition.
4. Learned counsel for the respondent No.3 has filed a memo of calculation pursuant to the direction issued by this Court to ascertain the quantum of the balance amount to be refunded by the respondent No.3 after deducting the boarders fees and scholar fees.
5. The memo of calculation submitted by the respondent No.3 reflects the scholar fee deductible as Rs.1,68,205/- whereas the fee structure for the year 2016-2017 for Standard IX placed on record at Annexure- R5 along with the statement of objections filed would depict the scholar fee of Rs.75,335/- (Rs.44,720 - I Semester + Rs.30,615 - II Semester). Considering the same, the scholar fee of Rs.75,335/- is deductible in addition to boarders fee for the months of June, July and August 2016 of Rs.44,901/- along with the pocket money paid of Rs.4,000/-, uniform charges of Rs.6,870/- as well as the application fee of Rs.500/-. Deducting the same from the total of Rs.3,24,745/-, the fee amount paid will work out to Rs.1,31,606/-. The petitioner shall be entitled to balance amount of Rs.1,93,139/-.
6. Considering the aforesaid aspects, this Court is of the view that the equities would be balanced and justice would be sub-served in directing the respondent No.3 to refund the amount of Rs.1,93,139/- to the petitioner in an expedite manner, preferably within a period of four weeks from the date of receipt of certified copy of the order.
With the aforesaid observations and directions, writ petition stand disposed of.
Sd/- JUDGE Dvr: