Madras High Court
Cambridge Matriculation Higher ... vs The Chairman on 6 June, 2022
Author: T.Raja
Bench: T.Raja
W.P.No.11100 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.11100/2022 and WMP.Nos.10693, 10696 and
10699/2022
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 Certiorarified Mandamus, calling for
the records of the 2nd respondent, quash the order dated 13.09.2021
and consequently, direct the respondents to permit the petitioner's
school to collect the fee fixed by his school by virtue of status of a
Christian Minority Unaided School (2320185) for the academic years
2020-21, 2021-22 and 2022-23 and for every forthcoming academic
1/7
https://www.mhc.tn.gov.in/judis
W.P.No.11100 of 2022
year as per Article 30 of the right of Minority Unaided Education
Institution.
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.) Cambridge Matriculation Higher Secondary School represented by its Correspondent and Senior Principal Dr.J.Robert Bellarmine has filed this Writ Petition challenging the findings and conclusions reached by the Private Schools Fee Determination Committee in its order dated 13.09.2021 with a consequential direction, directing the respondents to permit the petitioner's school to collect the fee fixed by his school by virtue of status of a Christian Minority Unaided School (2320185) for the academic years 2020-21, 2021-22 and 2022-23 and for every forthcoming academic year as per Article 30 of the right of Minority Unaided Education Institution.
2. Learned Counsel appearing for the petitioner assailing the impugned order submitted that the petitioner's school is a Christian 2/7 https://www.mhc.tn.gov.in/judis W.P.No.11100 of 2022 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. Since the Committee has failed to take into account the functions and celebrations including the Independence Day, Teachers Day, Children's Day, Gandhi Jayanthi and Republic Day, the petitioner's school has been put to great prejudice. Therefore, the petitioner's School has advised to move this writ petition challenging the correctness of the impugned order passed by the Private Schools Fee Determination Committee, Chennai, dated 13.09.2021.
3. Learned Counsel for the petitioner further submitted that the petitioner's School is a Christian Minority Unaided Private 3/7 https://www.mhc.tn.gov.in/judis W.P.No.11100 of 2022 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 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 impugned order is wholly untenable. Therefore, the impugned order is liable to be quashed. Moreover, the reasons assigned by the School Committee in the impugned order that the petitioner's school is conducting functions and celebrations which are having only a religious flavour and therefore, they cannot be taken into account, are wholly unjustifiable for developing the holistic personality of the students and the functions and celebrations being conducted by the petitioner's school cannot be discouraged as that would have serious ramification on the personality of the students.
4. Mr.K.V.Sajeev Kumar, learned Special Government Pleader takes notice for the respondents 1 and 2.
5. We are unable to find any justification in the argument of the learned Counsel for the petitioner. The reason being is very clear 4/7 https://www.mhc.tn.gov.in/judis W.P.No.11100 of 2022 as the Private Schools Fee Determination Committee, Chennai, in its impugned order dated 13.09.2021 has specifically mentioned that the claims mentioned in Para 1-G were taken up for consideration. Since the school is conducting functions and celebrations which are having only religious flavour, the same are not compulsory and it is optional, therefore, the Committee has come to the conclusion that even the celebrations like Independence Day, Teachers Day, Children's Day, Gandhi Jayanthi and Republic Day also would be considered subject to proof of expenditure. Therefore, when the Committee has made it clear that only subject to the proof of expenditure being placed before the Committee by the School, the same would be taken into account, it is not known why the petitioner's School without placing all the evidences before the Committee for having conducted celebrations including the Independence Day, Teachers Day, Children's Day, Gandhi Jayanthi and Republic Day, has approached this Court. Moreover the impugned order further says that the rest of the claims under 1-G would be considered subject to relevant evidences to be placed. Therefore, it is clear that if the petitioner's school places all the expenditure incurred by them before the Private Schools Fee Determination Committee, the same would be considered. Since the Committee has made it clear that the fixation of higher fee would be subject to the production of documentary evidence for having held 5/7 https://www.mhc.tn.gov.in/judis W.P.No.11100 of 2022 various functions mentioned supra, 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 cannot straight away come to this Court. Therefore, finding no justification in the writ petition, we are unable to entertain the same.
6. In the result, the Writ Petition fails and the same is accordingly dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.
(T.R.J.,) (K.B.J.,)
06.06.2022
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.
T.RAJA,J.
AND KABALI KUMARESA BABU, J.
tsi 6/7 https://www.mhc.tn.gov.in/judis W.P.No.11100 of 2022 W.P.No.11100 of 2022 06.06.2022 7/7 https://www.mhc.tn.gov.in/judis