- (1.) HEARD learned counsel for the parties.
(2.) WE are deciding this bunch of four matters by taking facts of LPA No. 484 of 2010. Though the other appeals are arising out of separate orders and containing different amount of surpluses in the hands of Schools and different amount of fee hike, but the principal on which the Jharkhand Education Tribunal, Ranchi has decided the matters, is the same and learned counsel for the parties submitted that taking into account the facts of the case no. 32/2009 (JET) of the Jharkhand Education Tribunal, Ranchi will serve the purpose for deciding all Letters Patent Appeals, therefore, all Letters Patent Appeals are decided by this common order. It appears that separate applications were filed by the students/parents in relation to the alleged unreasonable hike in the school fees for the year 2009 -10, upon which initially a blanket order issuing some direction to all the schools in the State of Jharkhand was passed. However, the said interim order was set aside by the High Court and thereafter, the Tribunal proceeded to decide the issue vide order dated 10th April, 2010. It further appears from the impugned order dated 10th, April, 2010 that roving inquiry was made by the Tribunal to find out whether there is justification in the hike of fees of the schools run by, in these cases, one management i.e., in the case of De Nobili School. A plea was taken by the. Management of the School that because of the revision of the pay due to the adoption of 6th Pay Revision Commission recommendation, heavy financial burden has come upon the school, therefore, they had to take a decision to increase the school fees. According to the management, the increase in the salary of the employees was to the extent of 59% of the existing salary resulting into increase in the burden of As. 76,00,000/ - per annum whereas they have increased the fees to the extent of 49% only, which will generate income of Rupees about 64,00,000/ -.
(3.) 2009 SCC 481). The Tribunal was also of the opinion that since there is surplus of Rupees about one Crore with the management and increase in the salary of the employees is by As. 76.00 lacs then there was no justification for increasing the education fee of the students. The Tribunal also was of the view that the entire property of the school is maintained by the Eastern Coalfields Ltd. (ECL) and, therefore, the school has no burden to maintain the school properties. The Tribunal also was of the view that increase in the annual fee, activity fee, exam -fee, admission fee and development fee was also absolutely illegal. The Tribunal, while examining the financial management of the school, observed that the school has invested money in the Mutual Funds to the tune of Rs. 34.04 lacs apart from depositing the amount in the Fixed Deposits in the Bank, which, according to the Tribunal, was an instance of profiteering by the respondent -school management. The Tribunal also was of the opinion that Rs. 5.00 lacs was transferred by the respondent -school in favour of De Nobili School, Chandrapura while a sum of Rs. 15.00 lacs was transferred to school of the same name at FRI, Dhanbad (both are under same management) and that was a clear infringement of para -4 of the Terms of agreement between DVC, Maithan and the school management and is contrary to the judgment of the Supreme Court, rendered in T.M.A. Pai Foundation case.;