Madras High Court
M/S.Chettinad Vidyashram Higher vs Private Schools Fee Determination ... on 22 January, 2013
Author: R.Banumathi
Bench: R.Banumathi, K.K.Sasidharan
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.01.2013 CORAM : THE HONOURABLE Mrs.JUSTICE R.BANUMATHI and THE HONOURABLE Mr.JUSTICE K.K.SASIDHARAN Writ Petition No.32053 of 2012 M/s.Chettinad Vidyashram Higher Secondary School, rep. by its Secretary, Raja Annamalaipuram, Chennai-600 028. ... Petitioner. vs. Private Schools Fee Determination Committee, rep. by its Special Officer, Chennai-600 006. ... Respondent Writ Petition is filed under Article 226 of Constitution of India praying to issue Writ of Certiorarified Mandamus calling for the records relating to the order passed by the Respondent dated 03.6.2011 and consequential order dated 11.10.2012 and quash the same and consequently, direct the Respondent to re-fix the fee based on the fresh documents filed by the Petitioner. For Petitioner : Mr.K.M.Vijayan Senior Counsel for Mr.V.Rudrapathy For Respondent : Mr.P.Sanjay Gandhi Addl. Govt. Pleader (Edn.) ORDER
R.BANUMATHI,J Writ Petitioner an unaided private school has filed this Writ Petition challenging the order (03.6.2011) passed by the Private School Fee Determination Committee contending that it is not in conformity with Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009 (Tamil Nadu Act 22 of 2009).
2. Writ Petitioner school M/s.Chettinad Vidhyashram Higher Secondary School was started in the year 1986 and stated to be one of the prominent school in the City of Chennai. Writ Petitioner school is affiliated to Central Board of Secondary Education (CBSE). In pursuance to the direction issued by the First Bench in 2010 (5) CTC 721 (P.B.Prince Gajendra Babu v. Federation of Association of Private Schools), the Writ Petitioner school submitted its response to the questionnaire along with the fee proposed by them and also the supporting materials. The Committee headed by Justice K.Raviraja Pandian passed the impugned order dated 03.06.2011 fixing the fee structure for three academic years i.e. 2010-2011; 2011-2012 and 2012-2013. Contending that the actual expenditure as per the auditor's statement has not been taken into account and the actual salary paid to the teachers together with statutory payments and other financial commitments have not been taken into account and the fee structure fixed by the Committee is very low, leaving huge deficit and making it difficult to run the school, Writ Petitioner school has filed the Writ Petition.
3. Mr.K.M.Vijayan, learned Senior Counsel for Petitioner submitted that the school has all required facilities and as per the audited statement, for the academic year 2010-2011, the annual expenditure is Rs.16,06,72,145/- and that the Committee has taken into consideration only a sum of Rs.9,53,38,248/- as total expenditure leaving deficit of Rs.6.53 Crores for the academic year 2010-2011. Learned Senior Counsel submitted that previously the electricity charges was only Rs.28,33,467/- which was hiked by the Department as Rs.34,78,510/- for 2010-2011 and Rs.47,82,841/- for 2011-2012 and the increase in electricity charges and other statutory requirement were not taken into account by the Committee. It is the case of Writ Petitioner that it again filed a Memo to re-fix the fees based on the statutory audited documents and receipts which proved that the school is running in huge deficit of Rs.6.53 Crores for the year 2010-2011. Learned Senior Counsel submitted that the order passed by the Committee dated 03.6.2011 would stand final and binding on the school for three academic years i.e., till 2012-2013 and that the impugned order is liable to be re-visited.
4. Drawing our attention to the order passed in W.P.Nos.8489 of 2012 etc. batch (03.05.2012) and M.P.No.2 of 2012 in W.P.No.22391 of 2012 (09.11.2012), learned Senior Counsel for Writ Petitioner submitted that the Petitioner is similarly placed school as that of the schools in the above batch of Writ Petitions and prayed for remitting the matter back to the Committee for consideration of the matter afresh in the light of the guidelines laid down in the order dated 03.05.2012.
5. We have heard Mr.P.Sanjay Gandhi, learned Additional Government Pleader (Education) for Respondent. Learned Additional Government Pleader fairly submitted that Writ Petitioner school is placed on similar footing as that of the other schools in W.P.No.8489 of 2012 and other CBSC schools. Learned Additional Government Pleader submitted that the Committee has started its exercise for fixing the fee structure for the schools in the State of Tamil Nadu from the academic year 2013-2014 and therefore, the matter could be remitted back to the Committee to consider the matter for fixing the fee structure from the academic year 2013-2014. Learned Additional Government Pleader submitted that since the present academic year 2012-2013 is nearing end, the fee fixed by the Committee cannot be re-examined.
6. Earlier, in a batch of Writ Petitions [W.P.No.8489 of 2012 etc. batch 2012 Writ Law Reporter 489 : CDJ 2012 MHC 2161], by the common order dated 03.05.2012 (one of us was a member Justice R.Banumathi), the orders passed by the Committee headed by Justice K.Raviraja Pandian were set aside. Written submission was filed by the Government stating that expenses incurred in respect of (i) salary to teaching and non-teaching staff; (ii) employees provident fund; (iiii) contribution to employees State Insurance Corporation; (iv) gratuity; and such other head shall be considered based on the bills produced. Elaborately referring to the written submissions filed by the learned Advocate General, in the order dated 03.5.2012, in Paragraphs 88 to 117, we have formulated certain guidelines for determination of fee structure in respect of unaided non-minority educational institutions.
7. The operative portion of the order in W.P.No.8489 of 2012 etc. batch (Paragraphs 152 to 154) reads as follows:-
"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."
8. Considering the submissions made by the learned counsel for Writ Petitioner, the impugned order is set aside and the matter is remitted back to the Committee for consideration of the matter afresh in the light of the guidelines issued in W.P.No.8489 of 2012 etc. batch (03.05.2012).
9. Onbehalf of Respondent, it was submitted that the Committee has started its exercise for fixing the fee structure for private unaided schools in the State of Tamil Nadu from the academic year 2013-2014 and the matter could be remitted back to the Committee to re-fix the fee in the light of the above guidelines only from the academic year 2013-2014.
10. In the result, the impugned order dated 03.06.2011 passed by Committee is set aside and this Writ Petition is disposed of in terms of the earlier order dated 03.5.2012 in W.P.No.8489 of 2012 etc. batch (2012 Writ Law Reporter 489 : CDJ 2012 MHC 2161). We request the Committee to consider the matter in the light of the above guidelines for fixing the fee structure for Writ Petitioner school from the academic year 2013-2014.
It is made clear that till final order is passed by the Committee, the Writ Petitioner school shall continue to collect only the fee fixed by the Committee by its order dated 03.06.2011.
Consequently, connected Miscellaneous Petition is closed. However, there is no order as to costs.
bbr To The Special Officer, Private School Fee Determination Committee, DPI Campus, College Road, Chennai 600 006