Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 3, Cited by 0]

Madras High Court

Stanes School Icse-Isc Parents vs The Principal Private Secretary on 5 January, 2026

Author: D.Bharatha Chakravarthy

Bench: D.Bharatha Chakravarthy

                                                                                        W.P.No.12319 of 2025


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                 DATED: 05-01-2026
                                                          CORAM
                 THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
                                               W.P.No.12319 of 2025
                                                        and
                                      W.M.P.Nos.13910, 13911 and 13912 of 2025


                Stanes School ICSE-ISC Parents
                Association (SIPA),
                Represented by its Secretary,
                Mr.Stephen Roy A,
                No.3D Kandhavel Foundry Compound,
                Kasthuribai Street, Ganapathy,
                Coimbatore 641 006.
                                                                                                 Petitioner
                                                               Vs
                1. The Principal Private Secretary, NCPCR,
                National Commission for Protection of Child Rights,
                5th Floor, Chanderlok Building, 36 Janpath,
                New Delhi-110 001.
                2.The Chief Executive and Secretary,
                Council for ICSE,
                Pragati House 3rd Floor,
                47-48, Nehru Place, New Delhi 110 019.
                3.The Principal Secretary,
                Tamil Nadu Government,
                School Education, St George Fort,
                Chennai 600 009.
                4.The Special Officer,
                Tamil Nadu Private Schools Fees Determination
                Committee, Perasiriyar Anbazhagan Kavil Vazhagam,
                Nungambakkam, Chennai.




https://www.mhc.tn.gov.in/judis               ( Uploaded on: 04/02/2026 01:30:11 pm )
                                                                                             W.P.No.12319 of 2025


                5.The Director of Private Schools,
                School Education Department,
                Mgr Building, College Road,
                Nungambakkam, Chennai 600006.
                6.The Secretary,
                Tamil Nadu State Parents Teachers Association ,
                Director of School Education Campus,
                College Road, Nungambakkam, Chennai 600006.
                7.The District Collector
                Collectrate Campus,
                Coimbatore 641018.
                8.The Chief Educational Officer
                No.500, Chief Educational Office, Raja Street,
                Near Five Corner, Coimbatore 641001.
                9.The District Education Officer (Private School)
                Ondipudur, Coimbatore 641016.
                10.The Correspondent
                Stanes School ICSE-ISC, Coimbatore 641018.

                                                                                                  Respondents

                PRAYER
                    Writ Petition has been filed under Article 226 of the Constitution of India
                praying to issue a Writ of Certiorarified Mandamus calling for the records
                pertaining to the order passed by the 4 th respondent/Committee dated
                13.01.2025 and quash the same as arbitrary in nature consequently directing the
                4th     respondent/Committee to determine the fees structure together with a
                direction to the 11th respondent/School to continue a Parent Teacher Association
                in accordance with Rule 41 of Tamil Nadu Private Schools (Regulation) Rules
                2023,

                                  For Petitioner            : Mr.A.Parthasarathy
                                  For Respondents          : M/s A.M.Ayyadurai, GA for R3
                                                             to R9



https://www.mhc.tn.gov.in/judis                    ( Uploaded on: 04/02/2026 01:30:11 pm )
                                                                                         W.P.No.12319 of 2025




                                                           ORDER

The writ petition is filed challenging the impugned order passed by the 4 th respondent/Committee dated 13.01.2025 and to quash the same and consequently, direct the 4th respondent/Committee to determine the fees structure together with a direction to the 11 th respondent/School to constitute a Parent Teacher Association in accordance with Rule 41 of the Tamil Nadu Private School (Regulation) Rules 2023.

2. Upon hearing the learned counsel for the petitioner, the grievance of the petitioner/Parents of the children, who are admitted into the 10 th respondent/ School is that the school goes on increasing the fees every year including 100% fee increase. Earlier, the details are compiled by the Fee Committee itself and it could be seen that the fee, which was Rs.65,000/- in the year 2019-2020 had become Rs.1,00,000/- in the year 2024-2025 and the fee, which was Rs.75,000/- in the year 2019-2020 had become Rs.1,55,000/- even more than 100%. When this was brought to the notice of the 4th respondent/Committee, the 4 th respondent/Committee ought to have taken appropriate action against the 10 th respondent/School. However, they had passed the impugned order and therefore, the petitioners are before this Court. https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/02/2026 01:30:11 pm ) W.P.No.12319 of 2025

3. Per contra, the learned Government Advocate (Crl.Side) would submit that the matter is still pending before the Honourable Supreme Court of India and an interim order is in force in favour of the 10th respondent/School and as such, within the powers the 4th respondent/Committee had passed the orders. In reply thereof, the learned counsel for the petitioner submit that not even a detailed inspection has been carried out.

4. I considered the rival submissions made and perused the materials records of the case.

5. The State of Tamil Nadu had passed the Tamil Nadu Schools (Regulation of Collection of Fee), Act, 2009 (in short “the Act”) under which the private schools are not entitled to fix the fee by themselves. On the contrary, have to approach the fee Fixation Committee constituted under Section 5 of the said Act for fixing of the fees, by showing the necessary justification. As far as the CBSE and ICSE Schools are concerned, they had challenged the said Legislation and even though this Court has upheld the virus of the Act, now, the matter is pending before the Honourable Supreme Court of India in S.L.P.(Civil) No16 of 2013 and an interim order is granted in the said case that the School Committee will have only the limited power under Section 7(3) of the Act alone. On a perusal of Section 7(3) of the Act, it is clear that does not enable the https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/02/2026 01:30:11 pm ) W.P.No.12319 of 2025 committee to fix the fee by itself. On the contrary, it can verify, whether the fee collected by the school is commensurate with the facilities. In that context, the Fee Committee had considered the petitioner’s representation in detail and has found that the petitioner was not in a position to specifically point out lack of any particular infrastructure or that the collection of fees was not commensurate with the infrastructure. In this regard, though it is the contention of learned counsel for the petitioner that the petitioners being the Parents Association does not know about the exact details of the justification, the learned counsel would submit that a detailed inspection should be carried out. Such a relief cannot be granted, even without any prima facie proof that the school in question is collecting the fees, which is not commensurate with the facilities. As rightly pointed out by the Fee Fixation Committee, it would be open for the petitioner- parents association to point out the specific shortcomings or by pointing out particular facts before the Committee to verify and hold as to whether the fees hiked is commensurate with the facilities or not. It will also be open for the petitioner-parents association to approach the Honourable Supreme Court of India for any other interim relief, if they still choose to.

6. Therefore, on the face of it, it cannot be said that the order passed by the Fee Committee is erroneous. Neither the consequential relief, that is prayed for in the writ petition, directing the Fee Committee to fix the fee, can be granted, in view of the fact that the special leave petition is pending before the https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/02/2026 01:30:11 pm ) W.P.No.12319 of 2025 Honourable Supreme Court of India and the interim order is in force as on today.

7. In view thereof, keeping open the liberty of the petitioner either to approach the Honourable Supreme Court of India by way of appropriate relief or to make a fresh representation before the Fee Fixation Committee bringing to their notice as to any specific lack of infrastructure etc. and any specific facts about the fees not being commensurate with the facilities provided, this Writ Petition stands disposed of. Consequently, connected Miscellaneous Petitions are closed. No costs.

05-01-2026 Neutral Citation:No ari To

1.The Principal Private Secretary NCPCR National Commission For Protection Of Child Rights, 5th Floor, Chanderlok Building, 36 Janpath, New Delhi 110001.

2.The Chief Executive and Secretary Council For ICSE, Pragati House 3rd Floor 47-48, Nehru Place, New Delhi 110019.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/02/2026 01:30:11 pm ) W.P.No.12319 of 2025

3.The Principal Secretary Tamil Nadu Government, School Education, St George, Fort, Chennai 600009.

4.The Special Officer, Tamil Nadu Private Schools Fees Determination Committee, Perasiriyar Anbazhagan Kavil Vazhagam, Nungambakkam Chennai.

5.The Director Of Private Schools School Education Department, MGR Building, College Road, Nungambakkam Chennai 600006.

6.The Secretary Tamil Nadu State Parents Teachers Association, Director Of School Education Campus, College Road, Nungambakkam, Chennai 600006.

7.The District Collector Collectrate Campus, Coimbatore 641018.

8.The Chief Educational Officer No.500 Chief Educational Office, Raja Street, Near Five Corner, Coimbatore 641001.

9.The District Education Officer (Private School) Ondipudur, Coimbatore 641016.

10.The Correspondent Stanes School ICSE-ISC, Coimbatore 641018.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/02/2026 01:30:11 pm ) W.P.No.12319 of 2025 D.BHARATHA CHAKRAVARTHY, J.

ari W.P.No.12319 of 2025 and W.M.P.Nos.13910, 13911 and 13912 of 2025 05-01-2026 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/02/2026 01:30:11 pm ) W.P.No.12319 of 2025 W.P.No.12319 of 2025 and W.M.P.Nos.13910, 13911 and 13912 of 2025 D.BHARATHA CHAKRAVARTHY.J., This matter is listed under the caption “for being mentioned”.

2. When the matter was taken up for hearing, the learned Counsel appearing for the tenth respondent submitted that his appearance had not been reflected in the appearance portion.

3. Accordingly, the appearance portion shall be corrected as follows:

                                  “For Petitioner         : Mr.A.Parthasarathy

                                   For Respondents       : Mr.A.M.Ayyadurai, GA for R3 to R9

                                                            Mr.M.Ramamoorthi for R10


4. The Registry is directed to issue a fresh order copy by carrying out the said correction in appearance portion.

02.02.2026 nsl https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/02/2026 01:30:11 pm ) W.P.No.12319 of 2025 D.BHARATHA CHAKRAVARTHY.J., nsl W.P.No.12319 of 2025 and W.M.P.Nos.13910, 13911 and 13912 of 2025 02.02.2026 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/02/2026 01:30:11 pm )