TAMIL NADU NURSERY MATRICULATION AND HIGHER SECONDARY SCHOOLS ASSOCIATION Vs. STATE OF TAMIL NADU PRINCIPAL SECRETARY DEPARTMENT OF SCHOOL EDUCATION

JUDGEMENT

(1.) All these writ petitions, except one (i.e., W.P. No. 112 of 2010), are filed by the unaided private school managements belonging either to the minorities or otherwise. They seek a declaration that the Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009 (Act 22 of 2009) (hereinafter referred to as ?the Act? in short) and the Tamil Nadu Schools (Regulation of Collection of Fee) Rules, 2009 (hereinafter referred to as ?the Rules? in short) are unconstitutional and violative of:

(2.) As the preamble of the Act states, it is enacted with a view to regulate the collection of fees by the schools in the State of Tamil Nadu and matters connected thereunder. This Act consists of 16 sections. The first section as usual is about the short title, extent and commencement. The Act has come into force from 05th August 2009. Section 2 gives various definitions. Section 2(j) defines a "private school", which reads as follows:

(3.) Sections 3 to 8 are the most relevant sections from this Act. The petitioners principally attacked Section 3(2) read with Section 6 and later Section 11 of the Act. It is necessary to reproduce these sections: