V KRISHNAMOORTHY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This writ petition is filed by 13 parents of the students studying in 'A' School Chettinad Foundationsituated at 18th Avenue, Ashok Nagar, Chennai, and in otherbranches at Chennai, praying for direction to therespondents 1 to 6 to take legal action to discontinue thefunctioning of the Units of "A' School ChettinadFoundation" and direct the respondents 7 and 8 to returnthe fees amount collected from the petitioners withcompensation fixed by this Court.

(2.) The facts necessary for disposal of this writ petition as per the pleadings are as follows:

(3.) The respondents 7 and 8 have filed counter affidavit contending that the 8th respondent is the Founder of the Schools belonging to a Philanthropic family, dedicated to the cause of education. The 7th respondent is a reputed group of Schools run by Chettinad Foundation, imparting high standard of education to children in the age group of 1 to 8 years. The 7th respondent is running school at Ashok Nagar and has 36 branches in Chennai, and in the said branches about 3,397 children are studying. It is alleged that the writ petition has been filed with oblique motive by suppression of facts. The prayer sought for in the writ petition is beyond the representation submitted. As per the affiliation bye-laws of the CBSE, request for approval of middle class syllabus should be made only when the school reaches Class VI. The schools run only up to classes of pre-primary level and requisite permission will be duly obtained from the CBSC at the appropriate level that is prior to reaching class VI. The safety measures are made meticulously in several branches by raising compound wall to 8 feet from the ground level. Every school is provided with fire fighting equipments and trained staff members, having sufficient toilets and other infraustructural facilities. Filtered drinking water is provided in all the schools and all class rooms are adequately ventilated. The School curriculum are based on CBSE syllabus, which is based on universally accepted developmental milestone. The 7th respondent set up schools with conscious decision to run schools for children in a homely atmosphere. The foundation for the location of main schools will be declared in December 2011. The toilets are cleaned every day and adequate number of maids are engaged at the ratio of 1: 40. Transport facility is provided as promised and no corporal punishment is imposed. Administrators are regularly supervising and Teachers are warned not to indulge in any corporal punishment. A sum of Rs. 450/-was collected for uniform and materials during the academic years 2010-2011 and 2011-2012.