Madras High Court
Higher Secondary School vs The State Of Tamil Nadu on 3 June, 2025
W.P.No.15451 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.06.2025
CORAM
THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN
W.P.No.15451 of 2025
and
W.M.P.No.17466 of 2025
1. Equitas Gurukal Matriculation
Higher Secondary School,
Rep By its Correspondent Mr Rangnathan N,
744/3b, CTO Colony Phase II,, Mudukarai Main Road,
Sundarapuram, Coimbatore 641021.
2. Equitas Gurukal Matriculation
Higher Secondary School,
Rep By its Correspondent
Mr Rangnathan N,
35, Kasimalli Nagar,
Kullanampatti, Natham Road,
Dindigul District – 624 003.
3. Equitas Gurukal Matriculation
Higher Secondary School,
Rep By its Correspondent
Mr Rangnathan N,
Devanampattinam,
Cuddalore – 607 001.
4. Equitas Gurukal Matriculation
1/9
https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/06/2025 07:18:51 pm )
W.P.No.15451 of 2025
Higher Secondary School,
Rep By its Correspondent
Mr Rangnathan N,
48/5-A, Block No.14,
Govindha Gounder Thottam,
Membal Nagar, Suramangalam,
Kandampatty, Salem – 636 005.
5. Equitas Gurukal Matriculation
Higher Secondary School,
Rep By its Correspondent
Mr Rangnathan N,
160/4-106/7, MGR Nagar,
Vengamedu, Karur – 639 006.
6. Equitas Gurukal Matriculation
Higher Secondary School,
Rep By its Correspondent
Mr Rangnathan N,
78/A, Iswarya Garden, Oil Mil Road,
Ariyamangalam, Trichy – 620 010.
7. Equitas Gurukal Matriculation
Higher Secondary School,
Rep By its Correspondent
Mr Rangnathan N,
No.1748/425, Ilango Nagar,
Kumbakonam – 612 001
Thanjavur Dt. ... Petitioners
Vs.
1. The State of Tamil Nadu,
Rep. By its Principal Secretary to Government,
School Education Department,
Secretariat, Fort St.George, Chennai – 600 009.
2. The Director of School Education,
2/9
https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/06/2025 07:18:51 pm )
W.P.No.15451 of 2025
DPI Campus, College Road,
Chennai – 600 006.
3. The Director of Private Schools,
DIP Campus, College Road,
Chennai – 600 006. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, to call for the records
relating to the impugned Government Order in G.O.Ms.No.99, School
Education Department dated 02.06.2023 issued by the first respondent and to
quash the same and consequently directing the respondents to revise and re-
notify Per Child Expenditure for the academic year 2022-23 in
commensurate with expenditure incurred by the private schools for imparting
quality education for the students admitted under Section 12(1)(c) of the
Central Act and for reimbursement of fee/arrears including past arrears
without delay to the petitioners' Schools to ensure smooth functioning of the
private schools.
For Petitioners : Mr.P.Muthusamy
For Respondents : Mr.S.Prabhakaran
Government Advocate
*****
ORDER
3/9
https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/06/2025 07:18:51 pm ) W.P.No.15451 of 2025 The instant writ petition has been filed challenging Government Order in G.O.Ms.No.99, School Education Department dated 02.06.2023 issued by the first respondent.
2. At this juncture, the learned counsel for the petitioner is seeking a remedy or relief in accordance with the batch of Writ Petitions in W.P.No.8833 of 2020 etc. batch, for which the learned Government Advocate would also fairly give consent.
3. In this regard, it is useful to refer the order of the this Court in Tamil Nadu Nursery Primary Matriculation Higher Secondary Schools Association Vs. Chief Secretary to Government, Revenue and Disaster Management, ( W.P.No.8833 of 2020, etc., batch by order dated 12.09.2024) the Hon'ble Supreme Court has held as follows. The relevant paragraphs are paragraphs 19 to 23 and the same read as follows:-
“19. The prime issue involved in these writ petitions is that in the year 2014 the Government has paid nearly more than 20,000 towards Per Child Expenditure, however, for the academic year 2022-2023, the same has been reduced to Rs.12,000/-. The cost has been assessed based on the per 4/9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/06/2025 07:18:51 pm ) W.P.No.15451 of 2025 child expenditure studying in the school.
20. It is seen from the records that for the academic years from 2014- 2015 to 2016-2017, the Government has fixed per child cost based upon the 15 components such as
1. Text book, 2. Note Book, 3. Crayon and colour pencils, 4.
Geometry Box, 5. Atlas, 6. School Bag, 7. Footwear, 8. Woolen Sweater, 9. Noon Meal, 10. Bus pass, 11. Uniform (4sets), 12. Teacher's Salary average cost, 13. Special Fee,
14. SSA School Grant and 15. Other Establishment Charges are taken into account, whereas from 2017-2018 to 2020- 2021, 15 components were reduced into seven components and from 2021-2022 to 2025-26 only three components were taken into consideration to fix Per Child Cost and accordingly impugned GO came to be passed.
21. It is seen that the Government has reduced Per Child Expenditure for the subsequent academic years. Though it is the contention of the Government that the amount of reimbursement has been reasonably fixed and the reimbursements granted by the State Government is high when compared with other State Governments in respect of Per Child Expenditure, there must be some justification on the part of the State Government for fixation of cost which is assessed based on Per Child Expenditure for the children 5/9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/06/2025 07:18:51 pm ) W.P.No.15451 of 2025 studying in the Government schools.
22. It is pertinent to note that Right of Children to Free and Compulsory Education Act, 2009 (The Central act 35 of 2009) and subsequent State enactment i.e., Tamil Nadu Right of children to Fee and Compulsory Education Rules, 2011 were enacted for the purpose of granting free education to children belonging to weaker sections of Society and by issuing the impugned G.O.(Ms) No.99 dated 02.06.2023, a policy decision has been taken by the State Government to fix the Per-Child Expenditure for the subsequent academic years 2022 to 2026. In such a view of the matter, this court is not inclined to interfere with the impugned order passed by the Government. However, there will be a direction to the State Government to settle the per child expenditure to the petitioners upto date within a period of 12 weeks from the date of receipt of a copy of this order, if not already paid. Accordingly, the respondents are directed to reimburse the entire Per child Expenditure as on date to the petitioners within a period of 12 weeks from the date of receipt of a copy of this order. The State Government is directed to Redo the entire exercise for re-fixing the Per Child Expenditure for the upcoming academic years commencing from 2025-2026 onwards.
23. With the above directions, these writ petitions are 6/9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/06/2025 07:18:51 pm ) W.P.No.15451 of 2025 disposed of. No costs. Consequently, the connected miscellaneous petitions, if any, are closed.”
4. In view of the same, this Court directs the respondent to pay Per Child Expenditure as on date to the petitioner in accordance with G.O.Ms.No.99, School Education Department, dated 02.06.2023, within a period of twelve weeks from the date of receipt of a copy of this order.
5. With the above directions, this Writ petition is disposed of.
Consequently, the connected Miscellaneous Petition is closed. No costs.
03.06.2025 2/2 kv Index : Yes/No Speaking order /Non Speaking Order Neutral Citation : Yes/No 7/9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/06/2025 07:18:51 pm ) W.P.No.15451 of 2025 To
1. The Principal Secretary to Government, The State of Tamil Nadu, School Education Department, Secretariat, Fort St.George, Chennai – 600 009.
2. The Director of School Education, DPI Campus, College Road, Chennai – 600 006.
3. The Director of Private Schools, DIP Campus, College Road, Chennai – 600 006.
8/9https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/06/2025 07:18:51 pm ) W.P.No.15451 of 2025 C.KUMARAPPAN, J.
kv W.P.No.15451 of 2025 03.06.2025 2/2 9/9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/06/2025 07:18:51 pm )