Madras High Court
Kshatriya Vidhyasala Matriculation ... vs The Government Of Tamil Nadu on 19 July, 2013
Bench: R.Banumathi, T.S.Sivagnanam
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.07.2013
Coram
The HONOURABLE MRS.JUSTICE R.BANUMATHI
and
The HONOURABLE MR. JUSTICE T.S.SIVAGNANAM
W.P. Nos. 1458 to 1463, 1821, 2422, 2826, 3283 to 3285,
3662, 4586, 4587, 4622, 4927, 4930, 5694, 5900,
5901, 5906, 7732, 9141, 9589, 9887, 10002 and 14731 of 2013
W.P.No.1458 to 1463 of 2013:
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Kshatriya Vidhyasala Matriculation Higher Secondary School,
rep. by its Correspondent
B.Ramkumar,
Collectorate Post,
Virudhunagar-626 002. .. Petitioner in W.P.1458/2013
Mepco Schienk Matriculation Higher Secondary School,
rep. by its Correspondent D.Singaravel,
Maravankulam, Thirumangalam-625 706
Madurai. .. Petitioner in W.P.1459/2013
Mepco Schienk Nursery and Primary School,
rep. by its Correspondent D.Singaravel,
333/1, Madurai Road,
Thirumangalam-625 706 .. Petitioner in W.P.1460/2013
T.S.T.Rajah Girl's Matriculation Higher Secondary School,
(Managed by K.C.S.N.M.E.I. Committee)
rep. by its Secretary & Correspondent
S.Jayabalan
No.20AL & 43, Kumbalamman Koil st.,
Tondiarpet, Chennai-600 081. .. Petitioner in W.P.1461/2013
A.U.P.E.T. Chinmaya Vidyalaya Matriculation Hr.Secondary School
rep. by its Secretary S.Annamalai
18, High Ground Road,
Palayamkottai
Tirunelveli-627 002. .. Petitioner in W.P.1462/2013
Leo Matriculation Hr. Secondary School,
rep. by its Chairman & Correspondent
G.Velmurugan
No.1513-E, Anna Nagar Western Extension,
Chennai-600 101. .. Petitioner in W.P.1463/2013
Vs.
1. The Government of Tamil Nadu,
rep. by the Secretary,
Department of School Education,
Fort St. George,
Chennai-600 009.
2. The Private Schools Fee Determination Committee,
rep. by its Special Officer,
PTA Building, DPI Campus,
College Road,
Chennai-600 006. .. Respondents in
W.P.Nos.1458 to 1463/2013.
W.P.No.1821 of 2013:
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Ayyanar Matriculation Hr. Secondary School,
rep. by its Correspondent
School No.26115,
Veppur Cross Road,
Veppur, Virudhahclam Taluk
Cuddalore District. .. Petitioner
vs.
1. The Government of Tamil Nadu,
rep. by the Secretary,
Department of School Education,
Fort St. George, Chennai-600 009.
2. The Private Schools Fee Determination Committee,
rep. by its Chairman,
PTA Building, DPI Campus,
College Road, Chennai-600 006.
3. The Director of Matriculation Schools,
DPI Campus, College Road,
Chennai-600 06. .. Respondents
W.P.Nos.2422 & 2826 of 2013:
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S.S.M.Lakshmiammal Nursery & Primary School (14175)
rep. by its Correspondent K.S.Elavarashen
Old Pallipalayam Road,
Kattuvalavu,
Komarapalayam-638 183. .. Petitioner in W.P.2422/2013
S.S.M.Lakshmiammal Matriculation Higher Secondary School (14180)
rep. by its Correspondent K.S.Elavarashen
Old Pallipalayam Road,
Kattuvalavu,
Komarapalayam-638 183. .. Petitioner in W.P.2826/2013
Vs.
1. State of Tamil Nadu,
rep. by the Secretary to Government,
Education Department, Secretariat, Fort St. George,
Chennai-600 009.
2. The Special Officer,
Private School Fee Determination Committee,
DPI Compound, College Road,
Chennai-600 006. .. Respondents in
W.P.Nos.2422 & 2826/2013
W.P.Nos.3283 to 3285 of 2013:
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SPJ Matriculation School,
(S.Palanichamy Nadar Educational Trust)
rep. by its Secretary J.Palanichamy
Kalkulam, Avaniyapuram,
Madurai-625 012 .. Petitioner in W.P.3283/2013
Mahatma Montessori Matriculation Higher Secondary School
(E.Rm.E.Rengasamy Educational Trust)
rep. by its Secretary & Correspondent
S.Premalatha
Gopalakrishnan Grounds,
K.K.Nagar,
Madurai-625 020. .. Petitioner in W.P.3284/2013
Mahatma Montessori Matriculation Higher Secondary School
(E.Rm.E.Rengasamy Educational Trust)
rep. by its Secretary & Correspondent
S.Premalatha
Gopalakrishnan Nagar,
Parent Teacher Road, Surveyor Colony
K.K.Nagar, Madurai-625 007. .. Petitioner in W.P.3285/2013
Vs.
1. The Government of Tamil Nadu,
rep. by the Secretary,
Department of School Education,
Fort St. George, Chennai-600 009.
2. The Private Schools Fee Determination Committee,
rep. by its Special Officer,
PTA Building, DPI Campus,
College Road, Chennai-600 006. .. Respondents in
W.P.Nos.3283 to 3285/2013
W.P.No.3662 of 2013:
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A.K.T. Academy Matriculation Higher Secondary School (25246)
rep. by its Correspondent
Neelamangalam, Kallakurichi
Villupuram District. .. Petitioner
Vs.
1. The State of Tamil Nadu
rep. by the Principal Secretary
Department of School Education,
Fort St. George, Chennai-600 009.
2. Private Schools Fee Determination Committee,
DPI Campus, Chennai-600 006. .. Respondents
W.P.No.4586 of 2013:
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Sri Ramakrishna Vidhtalaya Nursery & Primary School (28056)
rep. by K.Solmuthu Azhagan
Authorised Representative
No.12, Mohamed Shah Bazaar street,
Kalavai Road,
Arcot, Vellore. .. Petitioner
Vs.
Committee for Determination of Fees for Private Schools,
rep. by its Special Officer,
P.T.A. Buildings, D.P.I.Campus,
College Road, Chennai-6. .. Respondent
W.P.No.4587 of 2013:
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Vedanikethan Matriculation Higher Secondary School,
Arcot Road, Vellore District
rep. by K.Niraimathi Azhagan
Correspondent. .. Petitioner
Vs.
The Chairman.
Private Schools Fee Determination Committee,
P.T.A. Buildings, D.P.I.Campus,
College Road, Chennai-6. .. Respondent
W.P.No.4622 of 2013:
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Nagamani Ammal Memorial Matriculation Higher Secondary School
(07126)
Cumbum-625 516
Theni District
rep. by its Correspondent
M.S.S.Gandhavasan .. Petitioner
Vs.
1. The State of Tamil Nadu
rep. by its Secretary
Department of School Education,
Fort St. George, Chennai-600 009.
2. Director of School Education,
DPI Campus, College Road,
Chennai-600 006.
3. The Private School Fee Determination Committee,
DPI Campus,
College Road,
Chennai-600 006. .. Respondents
W.P.No.4927 of 2013:
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Keshav Vidya Mandir Matriculation Higher Secondary School,
rep. by its Correspondent R.V.S.Marimuthu
64-H, Palakkad Road,
Pollachi-642 001. .. Petitioner
Vs.
1. The Government of Tamilnadu,
rep. by its Secretary to Government,
Education Department,
Fort St. George, Chennai.
2. Private Schools Fee Determination Committee,
rep. by its Special Officer,
Department of School Education,
DPI Campus, College Road,
Nungambakkam,
Chennai-6. .. Respondents
W.P.No.4930 of 2013:
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M/s.Kamala Subramanian Matriculation Higher Secondary School
(23355)
Pudukottai Road, Mathakottai
Pillaiyarpatti Panchayat
Thanjavur District
rep. by its Correspondent S.P.Valliappan .. Petitioner
Vs.
1. The Private School Fee Determination Committee,
rep. by its Special Officer,
DPI Campus, College Road,
Chennai-600006.
2. The Directorate of School Education,
DPI Campus, College Road,
Chennai-600 006. .. Respondents
W.P.No.5694 of 2013:
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Theni Melapettai Hindu Nadar Uravinmurai Matriculation
Higher Secondary School,
rep. by its Secretary K.P.R.Baskaran
P.B.No.25, Edamal street,
Theni-625 531
Muthuvenpatti,
Theni District. .. Petitioner
Vs.
1. The Government of Tamil Nadu,
rep. by the Secretary,
Department of School Education,
Fort St. George,
Chennai-600 009.
2. The Private Schools Fee Determination Committee,
rep. by its Special Officer,
PTA Building, DPI Campus,
College Road, Chennai-600 006. .. Respondents
W.P.Nos.5900 & 5901 of 2013:
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Wisdom Matriculation Higher Secondary School,
Cheyyatraivendran-604 401
Anakkavoor Post,
Cheyyar Taluk
Thiruvannamalai District
rep. by its Principal G.Mathialagan .. Petitioner in W.P.5900/2013
Wisdom Vidyashram Matriculation School
Arcot Road, Opp. Adhiparasakthi Temple
Painginar Village,
Cheyyar 604 407
Thiruvannamalai District
rep. by its Chairman T.G.Mani .. Petitioner in W.P.5901/2013
Vs.
1. The Private School Fee Determination Committee,
rep. by its Special Officer,
College Road, DPI Campus,
Chennai-600 006.
2. The Director of School Education,
College Road,
Chennai-600 006. .. Respondents in
W.P.Nos.5900 & 5901/2013
W.P.No.5906 of 2013:
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Shree Vidyalaya Matriculation Higher Secondary School (12203)
rep. by its Correspondent Dr.K.S.Sridhar
123, Vaikkal road,
Gobichettipalayam-638 425
Erode District. .. Petitioner
vs.
The Special Officer,
Private Schools Fee Determination Committee,
DPI Campus, College Road,
Chennai-600 006. .. Respondent
W.P.No.7732 of 2013:
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LBEAAR Matriculation Higher Secondary School
rep. by its Chairman & Correspondent
R.Madhanagopal
No.1/5, Poonamallee High Road,
Nerkundram,
Chennai-600 107. .. Petitioner
vs.
1. The Government of Tamil Nadu,
rep. by the Secretary,
Department of School Education,
Fort St. George,
Chennai-600 009.
2. The Private Schools Fee Determination Committee,
rep. by its Special Officer,
PTA Building, DPI Campus,
College Road,
Chennai-600 006. .. Respondents
W.P.No.9141 of 2013:
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Tagore Vidyalayam Matric. Hr. Secondary School, (08468)
Sadasiva Nagar, Vandiyur Main Road,
Madurai
rep. by its Correspondent
M.Chandra Prabha. .. Petitioner
Vs.
1. The State of Tamil Nadu
rep. by its Secretary
Department of School Education,
Fort St. George,
Chennai-600 009.
2. Director of School Education,
DPI Campus, College Road,
Chennai-600 006.
3. The Private School Fee Determination Committee,
DPI Campus,
College Road,
Chennai-600 006. .. Respondents
W.P.No.9589 of 2013:
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Alpha Matriculation Higher Secondary School (31570)
No.16, 3rd Cross Street,
West C.I.T. Nagar,
Chennai-600 035
rep. by its Correspondent. .. Petitioner
Vs.
1. The State of Tamil Nadu
rep. by its Secretary
Department of School Education,
Fort St. George,
Chennai-600 009.
2. Director of School Education,
DPI Campus, College Road,
Chennai-600 006.
rep. by its Director.
3. The Private School Fee Determination Committee,
DPI Campus,
College Road,
Chennai-600 006
rep. by its Chairman .. Respondents
W.P.No.9887 of 2013:
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Siddhu Matriculation Higher Secondary School (08487)
No.5, Vijayalakshmi Theatre Road,
Viswanathapuram,
Madurai-625 014
rep. by its Correspondent .. Petitioner
Vs.
1. The State of Tamil Nadu
rep. by its Secretary
Department of School Education,
Fort St. George,
Chennai-600 009.
2. Director of School Education,
DPI Campus, College Road,
Chennai-600 006.
3. The Private School Fee Determination Committee,
DPI Campus,
College Road,
Chennai-600 006. .. Respondents
W.P.No.10002 of 2013:
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The President,
Krishnamal Ramasubbaiyer Matriculation Higher Secondary School
TVR Nagar, Aruppukottai Road,
Madurai-625 022. .. Petitioner
Vs.
1. The State of Tamil Nadu
rep. by its Secretary
Department of School Education,
Fort St. George, Chennai-600 009.
2. The Director of Matriculation Schools,
College Road,
Chennai-600 006.
3. The Chairman,
Private School Fee Determination Committee,
DPI Complex,
College Road, Chennai-600 006. .. Respondents
W.P.No.14731 of 2013:
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Alpha Matriculation Higher Secondary School (31570)
No.16, 3rd Cross street,
West C.I.T. Nagar,
Chennai-600 035. .. Petitioner
Vs.
1. The State of Tamil Nadu
rep. by its Secretary
Department of School Education,
Fort St. George,
Chennai-600 009.
2. Director of School Education,
DPI Campus, College Road,
Chennai-600 006.
3. The Private School Fee Determination Committee,
DPI Campus,
College Road,
Chennai-600 006. .. Respondents
Writ Petition No.1458 of 2013 is filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records of the Committee pertaining to the order of fixation dated 01.11.2012 on the file of the 2nd respondent and quash the same in so far as it relates to the petitioner school and consequently direct the respondents to permit the petitioner school to follow the proposed fee structure during the personal hearing on 01.11.2012 for the academic years 2012-13, 2013-14 and 2014-15.
Writ Petition No.1459 of 2013 is filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records of the Committee pertaining to the order of fixation dated 31.10.2012 on the file of the 2nd respondent and quash the same in so far as it relates to the petitioner school and consequently direct the respondents to permit the petitioner school to follow the proposed fee structure during the personal hearing on 31.10.2012 for the academic years 2012-13, 2013-14 and 2014-15.
Writ Petition No.1460 of 2013 is filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records of the Committee pertaining to the order of fixation dated 31.07.2012 on the file of the 2nd respondent and quash the same in so far as it relates to the petitioner school and consequently direct the respondents to permit the petitioner school to follow the proposed fee structure during the personal hearing on 31.07.2012 for the academic years 2012-13, 2013-14 and 2014-15.
Writ Petition No.1461 of 2013 is filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records of the Committee pertaining to the order of fixation dated 05.11.2012 on the file of the 2nd respondent and quash the same in so far as it relates to the petitioner school and consequently direct the respondents to permit the petitioner school to follow the proposed fee structure during the personal hearing on 05.11.2012 for the academic years 2012-13, 2013-14 and 2014-15.
Writ Petition No.1462 of 2013 is filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records of the Committee pertaining to the order of fixation dated 29.11.2012 on the file of the 2nd respondent and quash the same in so far as it relates to the petitioner school and consequently direct the respondents to permit the petitioner school to follow the proposed fee structure during the personal hearing on 29.11.2012 for the academic years 2012-13, 2013-14 and 2014-15.
Writ Petition No.1463 of 2013 is filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records of the Committee pertaining to the order of fixation dated 24.09.2012 on the file of the 2nd respondent and quash the same in so far as it relates to the petitioner school and consequently direct the respondents to permit the petitioner school to follow the proposed fee structure during the personal hearing on 24.09.2012 for the academic years 2012-13, 2013-14 and 2014-15.
Writ Petition No.1821 of 2013 is filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records pertaining to the records of impugned proceedings dt. 20.9.2012 passed by the 2nd respondent in respect of the petitioner school and direct the respondents 1 and 2 to fix the fee structure by meeting the expenses incurred by the petitioner school for the respective academic year, without any loss to the petitioner based on the statement filed on 20.9.2012 before the 2nd respondent.
Writ Petition No.2422 of 2013 is filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records of the 2nd respondent relating to the impugned order dated 28.9.2012 passed by the 2nd respondent determining the fee in respect of the petitioner school and quash the same and consequently forbear the respondent from taking any step towards enforcing or imposing or otherwise issuing directions to the petitioner's school in the matter of collection of fees from its students.
Writ Petition No.2826 of 2013 is filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records of the 2nd respondent relating to the impugned order dated 08.10.2012 passed by the 2nd respondent determining the fee in respect of the petitioner school and quash the same and consequently forbear the respondent from taking any step towards enforcing or imposing or otherwise issuing directions to the petitioner's school in the matter of collection of fees from its students.
Writ Petition No.3283 of 2013 is filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records of the Committee pertaining to the order of fixation dated 29.10.2012 on the file of the 2nd respondent and quash the same in so far as it relates to the petitioner school and consequently direct the respondents to permit the petitioner school to follow the proposed fee structure during the personal hearing on 29.10.2012 for the academic years 2012-13, 2013-14 and 2014-15.
Writ Petition No.3284 of 2013 is filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records of the Committee pertaining to the order of fixation dated 29.10.2012 on the file of the 2nd respondent and quash the same in so far as it relates to the petitioner school and consequently direct the respondents to permit the petitioner school to follow the proposed fee structure during the personal hearing on 29.10.2012 for the academic years 2012-13, 2013-14 and 2014-15.
Writ Petition No.3285 of 2013 is filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records of the Committee pertaining to the order of fixation dated 30.10.2012 on the file of the 2nd respondent and quash the same in so far as it relates to the petitioner school and consequently direct the respondents to permit the petitioner school to follow the proposed fee structure during the personal hearing on 30.10.2012 for the academic years 2012-13, 2013-14 and 2014-15.
Writ Petition No.3662 of 2013 is filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records of the second respondent dt. 1.11.2012 fixing the fee structure for the petitioner AKT Academy Matriculation Higher Secondary School (25246), quash the same and direct the respondents to fix the fees for the students of the petitioner as per the petitioner's calculation memo.
Writ Petition Nos.4586 & 4587 of 2013 are filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the entire records in pursuant to the order dated 03.6.2011 passed by the respondent Committee fixing low fees to be collected from the students for the petitioner school and quash the same and direct the respondents committee to enhance the school fees to be collected by the petitioner school as per the proposal given by the petitioner school in their objections dated 2.6.2010 submitted to the respondent Committee within a stipulated time.
Writ Petition No.4622 of 2013 is filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records relating to the impugned order of the third respondent dated 29.10.2012 made in Order No. NIL in respect of the petitioner school and quash the same and consequently, permit the writ petitioner to collect the fees in terms of the fee fixed by the school and submitted to the Committee.
Writ Petition No.4927 of 2013 is filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records relating to proceedings of the 2nd respondent dated 29.3.2012 and quash the same and consequently direct the 2nd respondent to reconsider the fee structure of the petitioner in accordance with the directions issued by this Hon'ble Court in its common order dated 3.5.2012 made in W.P.No.8489 of 2011 and batch.
Writ Petition No.4930 of 2013 is filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records of the Committee, pertaining tot he order of fixation dated 18.9.2012 on the file of the 1st respondent and quash the same, in so far as it relates to the Petitioner School and consequently direct the respondents to permit the Petitioner School to follow the proposed fee structure presented during the personal hearing held on 18.9.2012.
Writ Petition No.5694 of 2013 is filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records of the Committee pertaining to the order of fixation dated 12.09.2012 on the file of the 2nd respondent and quash the same in so far as it relates to the petitioner school and consequently direct the respondents to permit the petitioner school to follow the proposed fee structure during the personal hearing on 12.09.2012 for the academic years 2012-13, 2013-14 and 2014-15.
Writ Petition No.5900 of 2013 is filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records from the 1st respondent relating to the impugned order dated 18.09.2012 relating to the petitioner namely Wisdom Matriculation Higher Secondary School (27002), Cheyyatraivendran, Anakkavoor Post, Cheyyar T.k., Thiruvannamalai District-604 401, quash the same and further direct the 1st respondent to consider the petitioner's written submission dt. 17.09.2012 regarding fixation of fee.
Writ Petition No.5901 of 2013 is filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records from the 1st respondent relating to the impugned order dated 18.09.2012 relating to the petitioner namely Wisdom Vidyashram Matriculation School (27073), Arcot Road, Opp. To Adiparasakthi Temple, Painginar Village, Cheyyar-604 407, quash the same and further direct the 1st respondent to consider the petitioner's written submission dt. 17.09.2012 regarding fixation of fee.
Writ Petition No.5906 of 2013 is filed under Article 226 of Constitution of India praying to issue a writ of certiorari calling for the records of the respondent in order dated 17.10.2012 passed by the respondent and quash the same after taking into consideration all the factors as mentioned in the affidavit.
Writ Petition No.7732 of 2013 is filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records of the Committee pertaining to the order of fixation dated 24.09.2012 on the file of the 2nd respondent and quash the same in so far as it relates to the petitioner school and consequently direct the respondents to permit the petitioner school to follow the proposed fee structure during the personal hearing on 24.09.2012 for the academic years 2012-13, 2013-14 and 2014-15.
Writ Petition No.9141 of 2013 is filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records relating to the impugned order of the third respondent dated 6.11.2012 made in Order No. NIL in respect of the petitioner school and quash the same and consequently, permit the writ petitioner to collect the fees in terms of the fee fixed by the school and submitted to the Committee.
Writ Petition No.9589 of 2013 is filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records relating to the impugned order of the third respondent dated 29.10.2012 made in in respect of the petitioner school and quash the same and consequently, permit the writ petitioner to collect the fees in terms of the fee fixed by the school and submitted to the Committee.
Writ Petition No.9887 of 2013 is filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records relating to the impugned order of the third respondent dated 29.10.2012 made in respect of the petitioner school and quash the same and consequently, permit the writ petitioner to collect the fees in terms of the fee fixed by the school and submitted to the Committee.
Writ Petition No.10002 of 2013 is filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records relating to the impugned determination of fee b the 3rd respondent Committee for the petitioner school vide proceedings No. NIL dated 30.07.2012, quash the same and further direct the respondents to permit the petitioner to collect the fees in terms of the statement of fees as submitted by the petitioner to the 3rd respondent Committee dated 27.7.2012.
Writ Petition No.14731 of 2013 is filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records relating to the impugned order of the third respondent dated 29.10.2012 made in respect of the petitioner school and quash the same and consequently, permit the writ petitioner to collect the fees in terms of the fee fixed by the school and submitted to the Committee.
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For Petitioners in : Mr.L.Muralikrishnan
W.P.Nos.1458 to
1463, 3283
to 3285,5694 &
7732 of 2013
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For Petitioner in : Mr.T.Gandhi
W.P.1821/2013
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For Petitioners in : Mr.R.Shankaranayanan
W.P.Nos.2422 &
2826/2013
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For Petitioner in : Ms.R.Meenal
W.P.3662/2013
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For Petitioners in : Mr.T.P.Prabakaran
W.P.Nos.4586 &
4587/2013
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For Petitioners in : Mr.S.Silambannan
W.P.Nos.4622, Senior Counsel
9141, 9589, for
9887,14731/2013 M/s.Profexs Associates
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For Petitioner in : Mr.R.Thiagarajan
W.P.4927/2013
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For Petitioner in : Mr.N.V.N.Margandeyan
W.P.4930/2013
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For Petitioners in : Mr.B.Rabu Manohar
W.P.Nos.5900 &
5901/2013
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For Petitioner in : Mr.M.Narayanaswamy
W.P.5906/2013
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For Petitioner in : Mr.Godson Swaminath
W.P.10002/2013
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For Respondents : Mr.P.Sanjay Gandhi
Addl.Govt.Pleader (Edn.)
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COMMON ORDER
(Order of the Court was made by R.BANUMATHI, J.) The writ petitioners, who are unaided private schools have filed these writ petitions challenging the final orders/fee structure prescribed by the School Fee Determination Committee on the ground of arbitrariness and that it is not in conformity with Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009 (Tamil Nadu Act 22 of 2009) and the directions issued by the Division Bench of this Court in W.P.No.8489 of 2011 dated 03.5.2012.
2. All the writ petitioner schools are self-financing schools/ private unaided schools. To regulate the collection of fee by the private schools in the State of Tamil Nadu, Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009 was enacted. The vires of Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009 and Rules were upheld by this Court (vide 2010 (4) CTC 353) (except Section 11 of the Act and Rules 4(4) and 4(5) of the Rules).
3. Earlier, various orders passed by the Committee headed by Justice K.Raviraja Pandian were challenged before this Court on the ground of arbitrariness. By the common order dated 03.5.2012 (W.P.No.8489 of 2011 etc. Batch), all the writ petitions were remitted back to the Committee with a direction to the Committee to afford sufficient opportunity to the schools and pass fresh orders. In the said judgment, this Court interalia issued guidelines for fixation of school fee in respect of (i) salary to teaching and non-teaching staff; (ii) employees provident fund; (iii) contribution to employees State Insurance Corporation; (iv) gratuity and such other head shall be considered based on the bills produced.
4. The above writ petitions - W.P.No.8489 of 2011 etc. Batch were disposed of with the following directions:-
"152. For the foregoing reasons, the impugned orders in all the writ petitions are set aside and the matters are remitted back to the School Fee Determination Committee for consideration of the matters afresh. Fee structure approval form shall be given to Writ Petitioner Schools calling upon them to produce the details and documents required to be furnished. All the Writ Petitioner Schools shall propose the fee structure afresh with fresh or additional materials/Audit statements showing the expenditure and income. The Committee shall give personal hearing to each of the Writ Petitioner Schools and also afford reasonable opportunity to all the Writ Petitioner Schools and pass final orders as expeditiously as possible, preferably by the end of December 2012.
153. In respect of unaided Non-Minority Educational Institutions, the School Fee Determination Committee shall keep in view the guidelines in Para Nos.88 to 117 and 152 of this order. For the reasons stated in Para Nos.109 and 110, all the unaided Non-Minority Educational Institutions shall be entitled to surplus for development i.e., Village and Town Panchayats at 10%; Municipalities and District Headquarters at 12=% and Corporations at 15%.
154. For the reasons stated in Para No.111, for Infrastructure Grading, there shall be an increase in fee - 7=% to 10% depending on the availability of the infrastructure in the Schools."
5. We have heard Mr.S.Silambannan, Senior Counsel, Mr.L.Muralikrishnan, Mr.T.Gandhi, R.Shankaranarayanan, Ms.R.Meenal, Mr.T.P.Prabakaran, Mr.R.Thiagarajan, Mr.N.V.N.Margandeyan, Mr.B.Rabu Manohar, M.Narayanasamy and Mr.P.Godson Swaminath, learned counsel appearing for the writ petitioner schools.
6. Grievance of the writ petitioner schools is that after remand from this Court, writ petitioner schools filed their objections before the Committee and based on the objections, the impugned orders came to be passed. Grievance of the writ petitioner schools is that while so passing orders, the Committee has not kept in view the directions issued in paragraphs (85) and (152) to (154) of the common order dated 03.05.2012 [2012 Writ Law Reporter 489]. Further grievance of the writ petitioner schools is that even though the matters were remanded by this Court, provisional order ought to have been passed under Section 6(1) of the Act and opportunity ought to have been given to the writ petitioner schools to file objections as contemplated under Section 6(3) of the Act within the period of limitation. According to writ petitioner schools without affording such opportunity to the writ petitioner schools, the Committee has straight away passed the impugned orders.
7. Writ petitioner schools interalia have also raised various contentions alleging as to how the guidelines issued by this Court have not been complied with and the Committee has failed to take into account the actual expenditure incurred by the schools. According to writ petitioner schools, since the Committee failed to take into account the actual expenditure incurred, heavy loss is caused to the writ petitioner schools, which has resulted in serious prejudice to the writ petitioner schools in running the school.
8. By perusal of the typed set of papers and materials, it is seen that after the matters were remitted back to the Committee, after inviting objections from the schools, the Committee appears to have straight away passed the impugned orders. Section 6(1) of the Act contemplates that the Committee shall determine the fee leviable by a private school taking into account the factors indicated in Section 6(1) of the Act and pass provisional orders. In terms of Section 6(2), the Committee shall, on determining the fee leviable by a private school, communicate its decision to the school concerned. In terms of Section 6(3), any private school aggrieved over the decision of the Committee shall file their objection before the Committee within 15 days from the date of receipt of the decision of the Committee. Thereafter Committee shall pass the order fixing the fee to be collected by the Schools.
9. Section 6 reads as under:-
"Factors for determination of fee. - (1) The Committee shall determine the fee leviable by a private school taking into account the following factors, namely:-
(a) the location of the private school;
(b) the available infrastructure;
(c) the expenditure on administration and maintenance;
(d) the reasonable surplus required for the growth and development of the private school;
(e) any other factors as may be prescribed.
(2) The Committee shall, on determining the fee leviable by a private school, communicate its decision to the school concerned. (3) Any private school aggrieved over the decision of the Committee shall file their objection before the Committee within fifteen days from the date of receipt of the decision of the Committee. (4) The Committee shall consider the objection of the private school and pass orders within thirty days from the date of receipt of such objection. (5) The orders passed by the Committee shall be final and binding on the private school for three academic years. At the end of the said period, the private school would be at liberty to apply for revision. (6) The Committee shall indicate the different heads under which the fee shall be levied."
10. By perusal of the impugned orders and typed set of papers and also the other relevant materials, it appears that instead of initially passing provisional order under Section 6(1) of the Act and communicating the same to the writ petitioner schools and thereafter, opportunity to the writ petitioner schools in terms of Section 6(3) of the Act, the Committee appears to have straight away passed the impugned orders. Since no separate provisional order was passed as contemplated under Section 6(1) and since the same was not communicated, virtually the order was passed under Section 6(3), the petitioner schools are entitled to have an opportunity to file their objections in terms of Section 6(2) of the Act.
11. It is stated that the details furnished by the writ petitioner schools to the Committee pertains only to the academic year 2012-13 and the Committee has fixed the fee structure for 2013-14 and 2014-15 also by giving marginal increase to the fee fixed for the academic year 2012-13. It is therefore submitted that had the opportunity been given to the writ petitioner Schools, the petitioner schools would have been able to produce the records to show that they are entitled to higher fee in the next two academic years and therefore, the writ petitioner schools prayed that they may be given an opportunity to go before the Committee and place all the relevant materials treating this impugned orders as an order passed under Section 6(1) of the Act.
12. Mr.Sanjay Gandhi, learned Additional Government Pleader (Education) submitted that if at all the writ petitioner schools are having grievance by the order passed by the Committee, they ought to have filed their objections before the Committee within a period of 15 days and without doing so, all the writ petitioner schools have straight away approached this Court and therefore, the writ petitioner schools are not entitled to any relief. Learned Additional Government Pleader submitted that in the case of writ petitioner schools, before passing the impugned orders, the Committee has taken into account all the materials furnished by them and passed the impugned orders.
13. Considering the submissions made by the learned counsel for writ petitioner schools and the submissions made by the learned Additional Government Pleader and also the materials on record, it is held that the impugned orders passed by the Committee are directed to be treated as the provisional orders passed under Section 6(1) of the Act. All the writ petitioner schools are at liberty to file their objections before the Committee within a period of 15 days from the date of receipt of copy of this order. On filing such objections before the Committee, the Committee is directed to afford sufficient opportunity to the writ petitioner schools to submit any further details with supporting documents and afford sufficient opportunity to the petitioner schools and pass orders in accordance with law.
14. All the writ petitions are disposed of with the above observations and directions. It is made clear that till the Committee passes the final order, the writ petitioner schools are to collect only the fee fixed by the Committee in the impugned order. Consequently, connected miscellaneous petitions are closed. No costs.
bbr To
1. The Government of Tamil Nadu, rep. by the Secretary, Department of School Education, Fort St. George, Chennai-600 009.
2. The Private Schools Fee Determination Committee, rep. by its Chairman, PTA Building, DPI Campus, College Road, Chennai-600 006.
3. The Director of Matriculation Schools, DPI Campus, College Road, Chennai 600 006