One year on, Mysuru school yet to refund excess fee to student

The Permanent Lok Adalat issued the order on March 23, 2021, to the Kautilya Vidyalaya based on a petition filed by a student, represented by her father M Thomas

A school in Mysuru which was ordered by the Permanent Lok Adalat to repay Rs 40,000 with 6 per cent interest, effective from the date of first request, to a former student, is yet to make the payment even after one year.

The Permanent Lok Adalat, chaired by Judge D R Renake, had issued the order on March 23, 2021, to the Kautilya Vidyalaya on the basis of a petition filed by T Joyce, a student, represented by her father M Thomas, a fireman with the Fire and Emergency Services department. N Thippeswamy and M S Latha were the members of the Adalat.

Thomas, a resident of Sarawathipuram in the city, said that he had paid Rs 10,000 to the Kautilya Vidyalaya on February 25, 2017, for reservation of a seat in first standard for the academic year 2017-18.

The institution directed him to pay a total admission fee of Rs 75,837 later. He admitted his ward to the institution by paying the first instalment of admission fee of Rs 25,000 and tuition fee of Rs 13,000 on March 21, 2017.

While Joyce was attending classes, the school asked her parents to pay Rs 3,500 and another Rs 2,500 on July 21, 2017. The school authorities did not respond satisfactorily to the queries about the demand for payment. Thus, Thomas approached the District Legal Services Authority (DLSA) and collected information on the rules of the state government on admission and other fees in private unaided educational institutions. He realised that the Kautilya Vidyalaya had collected higher fees than permitted.

Thomas requested the school to issue transfer certificate (TC) to admit Joyce to another school. When the Kautilya Vidyalaya refused to issue the TC, he approached the BEO, DDPI and also the DLSA. Joyce studied in the Kautilya Vidyalaya only for one month and 22 days and thus, the school is entitled to collect fee for only this period and refund the excess fee collected, as per Karnataka Education Institution (Classification, Regulation and Prescription of Curricula, etc) Rules, 1995.

Thomas approached the DLSA for an amicable settlement, but the school refused to refund any amount.

So, Thomas approached the Adalat on April 4, 2019, seeking direction to the school to refund Rs 40,000 with interest and direction to District Education Regulatory Authority (DERA) to take necessary legal action against the school. The school neither filed the statement of objections nor offered to negotiate for settlement. Thus, the Adalat decided to dispose of the petition under the provisions of the Legal Services Act, 1987, as the negotiations failed.

Thomas said the Adalat found from the reports of the DDPI that the school had violated the Karnataka Education Act and Rules.

‘’But it has not directed the DERA to initiate action against the school, as it does not come under its jurisdiction. The DERA can act if I petition it, by paying the requisite court
fee. I am yet to decide on it,” he said.

“I am aware that the management of the school has changed over the past five years. But, my petition was not against any person, but the institution. The Adalat has already served two notices to the school. But, the school is yet to follow the orders,” Thomas added.