Representation against charging of school-fees from students of Classes I-VIII in Kendriya Vidyalayas

SOCIAL JURIST A Civil Rights Group To The Commissioner Kendriya Vidyalaya Sangathan 18, Institutional Area Shaheed Jeet Singh Marg Delhi-110062 March 11, 2013 Subject: Representation against charging of school-fees from students of Classes I-VIII in Kendriya Vidyalayas Dear Sir Several parents whose wards are studying in classes I-VIII in Kendriya Vidyalaya, NTPC, Badarpur, New Delhi, vide a letter dated 11.03.2013 have informed me that your school has been charging school-fees under the heads of tuition fee, Vidyalaya Vikas Nidhi and computer-fee, which comes to approximately Rs. 1300 per month which they are somehow meeting, despite their poor economic condition. They have also informed me that the school has announced a three-fold fee-hike from April 2013, which would only result in withdrawal of their wards from the school, as they would not at all be in a position to afford the same. They have requested me to take up this matter on behalf of the students and help them in not only stopping the school from increasing the school fee but also to stop charging the current fees and further refund the fee already charged from April 1, 2010, i.e. the date of implementation of the Right of Children to Free and Compulsory Education Act, 2009. A copy of the parents’ letter dated 11.03.2013 along with copies of fee-receipts is enclosed herewith for your reference. It has also come to my notice that not only your aforementioned school, namely Kendriya Vidyalaya, NTPC but also all your other schools all over the country are charging school-fees from the students of Classes I-VIII in violation of students’ fundamental rights as guaranteed to them under Articles 21 and 21-A of the Constitution of India read with provisions of the Right of Children to Free and Compulsory Education Act, 2009. It is needless to say that in terms of the provision of Articles 21 and 21-A of the Constitution read with the provisions of Section 3 of the RTE Act, 2009, your schools are obliged to provide totally free education to all the students studying in Classes I-VIII and therefore the school-fees having been charged from them during academic sessions 2010-11, 2011-12 and 2012-13 is not only illegal but also unconstitutional and all the students so charged are entitled to refund thereof. We therefore request you to forthwith stop charging any fee from students of Classes I-VIII in all the Kendriya Vidyalayas and also to refund the fees charged from such students for the academic sessions 2010-11, 2011-12 and 2012-13. With regards Ashok Agarwal, Advocate Advisor, Social Jurist M-09811101923