Madras High Court
Cambridge Matriculation Higher ... vs The Chairman on 6 June, 2022
Author: T.Raja
Bench: T.Raja
W.P.No.11112 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE KABALI KUMARESA BABU
W.P.No.11112/2022 and WMP.No.10702/2022
Cambridge Matriculation Higher Secondary School
rep. by its Correspondent & Senior Principal
Dr.J.Robert Bellarmine, S/o.A.F.Joseph,
Agasthiarpatti, Ambasamudram,
Tirunelveli. ... Petitioner
-vs-
1. The Chairman,
Private Schools Fee Determination
Committee, DPI Campus,
Chennai-600 006.
2. The Special Officer,
Private Schools Fee Determination Committee,
DPI Campus, Chennai-600 006. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India
seeking for issuance of a Writ of Mandamus, forbearing the
respondents from altering or stopping the petitioner's school to
collect fee fixed by this school by virtue of a Christian Minority
Unaided Private School (2320185) for the academic years 2020-21,
2021-22, 2022-23 and for every forthcoming academic year as per
Article 30 of the right of Minority Unaided Education Institution and
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W.P.No.11112 of 2022
consequently, direct the 2nd respondent to pass orders on the appeal
filed on 12.07.2021 by considering the proposed fee structure with
school's bank liabilities to repay and staff salaries.
For Petitioner : Mr.Larockia Selvaraj
For Respondents : Mr.K.V.Sajeev Kumar,
Spl.Govt.Pleader for R1 and R2
ORDER
(Order of the Court was made by T.RAJA, J.) This Writ Petition has been filed seeking to issue a Writ of Mandamus, forbearing the respondents from altering or stopping the petitioner's school to collect fee fixed by this school by virtue of a Christian Minority Unaided Private School (2320185) for the academic years 2020-21, 2021-22, 2022-23 and for every forthcoming academic year as per Article 30 of the right of Minority Unaided Education Institution with a consequential direction directing the 2nd respondent to pass orders on the appeal filed on 12.07.2021 by considering the proposed fee structure with school's bank liabilities to repay and staff salaries.
2. Learned Counsel appearing for the petitioner submitted 2/6 https://www.mhc.tn.gov.in/judis W.P.No.11112 of 2022 that the petitioner's school is a Christian Minority Unaided Private Matriculation Higher Secondary School with the Minority Status received from the National Commission for Minority Educational Institution, New Delhi in Proceedings F.No.846/2013-10697 dated 4.11.2013. When the petitioner's school is giving better qualitative education to all the students, they have also fixed the fee structure from Pre K.G. till +2. However, for the year 2020-2021, the matter was taken up by the Private Schools Fee Determination Committee, Chennai and fixed the annual fee of Rs.10,150/- for Pre KG, LKG and UKG; Rs.11500/- for Standards I to V; Rs.13800/- for Standards IX and X; and Rs.16000/- for Standards XI and XII. Similarly, for the years 2021-2022 and 2022-2023, the Private Schools Fee Determination Committee has also fixed the fees starting from Pre KG upto XII Standards by making 10% enhancement in the last year fee structure by an order dated 13.09.2021.
3. Learned Counsel for the petitioner further submitted that the petitioner's School is a Christian Minority Unaided Private Matriculation Higher Secondary School with Minority Status. Therefore, when they are not able to get any aid from the State or the Central Governments, they have to run the school only from the school fees received from the students who are admitted in the 3/6 https://www.mhc.tn.gov.in/judis W.P.No.11112 of 2022 petitioner's School. Further, as the salary/remuneration to be given to both the teaching and non-teaching staffs also to be increased gradually every year, the 10% increase fixed by the School Committee in the order dated 13.09.2021 is wholly untenable. Further, the petitioner's school has borrowed a loan of Rs.9,06,00,000/- from Indian Bank, Veeravanallur for constructing school building. Therefore, the petitioner filed this writ petition seeking to issue a Writ of Mandamus, forbearing the respondents from altering or stopping the petitioner's school to collect fee fixed by this school by virtue of a Christian Minority Unaided Private School (2320185) for the academic years 2020-21, 2021-22, 2022-23 and for every forthcoming academic year as per Article 30 of the right of Minority Unaided Education Institution with a consequential direction directing the 2nd respondent to pass orders on the appeal filed on 12.07.2021 by considering the proposed fee structure with school's bank liabilities to repay and staff salaries.
4. Mr.K.V.Sajeev Kumar, learned Special Government Pleader takes notice for the respondents 1 and 2. 4/6 https://www.mhc.tn.gov.in/judis W.P.No.11112 of 2022
5. At the outset, the writ petition is liable to be dismissed. The reason being that when the Writ Petition in W.P.No.11100/2022 filed by the petitioner's school seeking to quash the impugned order dated 13.09.2021 of the Private Schools Fee Determination Committee, Chennai, is dismissed by this Court by an order dated 06.06.2022 holding that the petitioner's school without placing any documentary evidence before the said Committee for hiking the annual fee every year starting from Pre K.G. till XII Standards, they have approached this Court, filing another petition seeking to issue a Writ of Mandamus, forbearing the respondents from altering or stopping the petitioner's school to collect fee fixed by this school by virtue of a Christian Minority Unaided Private School (2320185) for the academic years 2020-21, 2021-22, 2022-23 and for every forthcoming academic year as per Article 30 of the right of Minority Unaided Education Institution is not at all maintainable as it is hit by res judicata.
6. In the result, the Writ Petition fails and the same is accordingly dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.
(T.R.J.,) (K.B.J.,)
06.06.2022
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W.P.No.11112 of 2022
tsi
T.RAJA,J.
AND
KABALI KUMARESA BABU, J.
tsi
To
1. The Chairman,
Private Schools Fee Determination
Committee, DPI Campus,
Chennai-600 006.
2. The Special Officer,
Private Schools Fee Determination Committee, DPI Campus, Chennai-600 006.
W.P.No.11112 of 2022
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