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R.BANUMATHI,J.

The writ petitioners, who are unaided private schools, have filed these writ petitions challenging the final order/ fee structure prescribed by School Fee Determination Committee on the ground of arbitrariness and that it is not in conformity with Tamilnadu Schools (Regulation of Collection of Fee) Act 2009 (Tamil Nadu Act 22 of 2009).

2. All the writ petitioners are self financing schools and not getting any financial aid from the Government or other Government sources. Some of the writ petitioners are recognised under Tamil Nadu Private Schools Regulation Act; few others are recognised under Code of Regulations for Matriculation Schools or Code of Regulations for Anglo Indian Schools. In so far as Schools recognised under CBSE Regulations or ICSE regulations, the applicability of Tamilnadu Schools (Regulation of Collection of Fee) Act, 2009 is under challenge and those writ petitions challenging the applicability of the Act were ordered to be segregated. Since common points for determination arise in all these writ petitions, all of them were heard together and shall stand disposed of by this common judgment.

137. Stipulating a regulation by the Committee and imposing artificial restriction of 60% of proposed income as the upper limit of salary for the teaching staff is yet another restriction on the right of minority educational institutions. Some of the educational institutions are matriculation schools, which are governed under Code of Regulation for Matriculation Schools. Code of Regulation for Matriculation in Tamil Nadu under Rule 18(ii) stipulates as follows:-

The staff in the Matriculation school will be paid at the rate of Government pay and they are eligible for selection grade after 10 years of service as in other recognised school.

138. Thus, as per the said Code, staff in the Matriculation Schools will be paid the Government scale of pay. The Committee cannot interfere with the actual salary paid to the staff under the statute by imposing upper restriction of 60% of the proposed income as upper limit of salary for the teaching staff. Of course, any such regulation is subject to the Government Scale of Pay and Government Orders.

139. By going through materials in the above writ petitions, we find that in respect of the above minority educational institutions, the Committee unjustly restricted the strength of teaching staff as well as non-teaching staff. In so far as minority educational institutions, in our considered view, the Committee ought to have accepted the strength of teaching and non-teaching staff as submitted by those educational institutions supported with materials like attendance etc., Restriction of number of teaching and non-teaching staff strength has resulted in deficit for those institutions virtually crippling the administration of the minority institutions. Any such restriction regarding strength of teaching and non-teaching staff in Minority Schools is subject only to Government Orders.