Madras High Court
S.S.M Lakshmiammal Matric Higher vs The Director Of Matriculation Schools on 2 April, 2024
Author: S.S.Sundar
Bench: S.S.Sundar
W.P.No.10465 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.04.2024
CORAM :
THE HON'BLE MR. JUSTICE S.S.SUNDAR
AND
THE HON'BLE MR.JUSTICE N.SENTHILKUMAR
W.P.No.10465 of 2023
S.S.M Lakshmiammal Matric Higher
Secondary School rep. by its
Correspondent K.P.E.Ravindran
Post Box No.161, By-Pass Road
Komarapalayam 638 183
Namakkal District .. Petitioner
-vs-
1. The Director of Matriculation Schools
DPI Campus, College Road
Chennai 600 006
2. Private Schools Fee Determination Committee
DPI Campus, College Road
Chennai 600 006
rep. by its Special Officer .. Respondents
Writ Petition filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Certiorarified Mandamus, to call for the
records relating to the impugned order issued by the 2 nd respondent in No.
Nil dated 28.12.2022 and to quash the same and consequently directing the
respondents to pass orders for revision of fee structure in accordance with
____________
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https://www.mhc.tn.gov.in/judis
W.P.No.10465 of 2023
fee determined for the year 2020-21 in favour of the petitioner School with
10% enhancement of fee structure of the year 2020-21, within a time frame
to be fixed by this Hon'ble Court.
For Petitioner :: Mr.J.Jayamalan
For Respondents :: Mr.U.M.Ravichandran
Special Government Pleader for R1
Mr.S.Silambanan
Senior Counsel
assisted by Mr.M.Babu Barveez
Standing Counsel for R2
ORDER
(Order of the Court was made by S.S.SUNDAR,J.) This writ petition is filed for issuance of a writ of certiorarified mandamus, to call for the records relating to the impugned order issued by the second respondent in No.Nil dated 28.12.2022 and to quash the same with a consequential direction to the respondents to pass orders for revision of fee structure in accordance with fee determined for the year 2020-21 in favour of the petitioner-School with ten percent enhancement of fee structure of the year 2020-21, within a time frame to be fixed by this Hon'ble Court.
2. Brief facts that are necessary for the disposal of this writ petition ____________ Page 2 of 7 https://www.mhc.tn.gov.in/judis W.P.No.10465 of 2023 are as follows:
The petitioner is a private School run by an individual, being the educational agency. The petitioner originally started the school from Standards I to VI during 1985-86 and later, permission was granted to open a new matriculation school. After the advent of Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009, the fee payable by the students studying in private schools is determined by the Fee Determination Committee. Accordingly, the second respondent, after following the procedure and holding enquiry, by order dated 29.11.2022, has fixed the annual fee payable by the students studying in the petitioner School for the period 2022-23, 2023-24 & 2024-25, as tabulated below:-
Fee Structure for 2022-23, 2023-24 & 2024-25 Class Annual Fee (Rs.) Annual Fee (Rs.) Annual Fee (Rs.) 2022-23 2023-24 2024-25 Pre KG if 11000 12100 13310 available/LKG & UKG I–V 12500 13750 15125 VI – VIII 14000 15400 16940 IX & X 15500 17050 18755 XI & XII 17300 19030 20935 However, aggrieved by the recommendation of the prescribed fee in the ____________ Page 3 of 7 https://www.mhc.tn.gov.in/judis W.P.No.10465 of 2023 order dated 29.12.2022, the petitioner requested the second respondent to re-fix the fee structure with ten percent enhancement of the fee structure that was fixed for the academic year 2020-21. By the impugned order dated 28.12.2022, the second respondent has re-fixed the fee structure, as tabulated below:-
Fee Structure for 2022-23, 2023-24 & 2024-25 Class Annual Fee (Rs.) Annual Fee (Rs.) Annual Fee (Rs.) 2022-23 2023-24 2024-25 Pre KG if 13000 14300 15730 available/LKG & UKG I–V 14500 15950 17545 VI – VIII 16250 17875 19660 IX & X 18000 19800 21780 XI & XII 20000 22000 24200 Challenging the same with a further prayer to direct the respondents to pass orders for revision of fee structure in accordance with the fee determined for the year 2020-21 with ten percent enhancement of fee that was fixed in 2020-21, the above writ petition is filed.
3. The contention of the petitioner is that the impugned order is liable to be quashed, inasmuch as the petitioner's statement about the expenditure ____________ Page 4 of 7 https://www.mhc.tn.gov.in/judis W.P.No.10465 of 2023 on several heads has not been admitted by the second respondent without assigning valid reasons while passing the revised impugned order. It is stated that the particulars given by the petitioner regarding expenditure, are supported by materials. Since the second respondent failed to consider some of the documents which are also filed in support of the actual expenditure, the counsel for petitioner states that the impugned order, without considering the relevant documents, cannot be sustained.
4. The learned Senior Counsel appearing for the second respondent, referring to the counter affidavit, submitted that the second respondent has passed orders after considering the documents filed by the petitioner.
5. Even though the counter affidavit filed on behalf of the second respondent justifies the impugned order, this Court prima facie finds that the impugned order does not give adequate reasons for ignoring several expenses alleged to have been spent by the petitioner. In the absence of proper and acceptable reasons given in the impugned order, this Court is of the view that the second respondent should be asked to re-do the exercise, ____________ Page 5 of 7 https://www.mhc.tn.gov.in/judis W.P.No.10465 of 2023 after giving one more opportunity to the petitioner. Accordingly, the writ petition is allowed and the impugned order is set aside. The second respondent is now directed to re-visit the statement submitted by the petitioner along with the documents in support thereof, and to pass appropriate orders, after giving sufficient opportunity to the petitioner, in the manner known to law. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. Consequently, W.M.P.Nos.10413 & 10414 of 2023 are closed. No order as to costs.
Index : yes/no (S.S.S.R.,J.) (N.S.,J.)
Neutral citation : yes/no 02.04.2024
ss
To
1. The Director of Matriculation Schools DPI Campus, College Road Chennai 600 006
2. The Special Officer Private Schools Fee Determination Committee DPI Campus, College Road Chennai 600 006 ____________ Page 6 of 7 https://www.mhc.tn.gov.in/judis W.P.No.10465 of 2023 S.S.SUNDAR,J.
AND N.SENTHILKUMAR,J.
ss W.P.No.10465 of 2023 02.04.2024 ____________ Page 7 of 7 https://www.mhc.tn.gov.in/judis