SREE NIKETAN MATRICULATION HIGHER SECONDARY SCHOOL (CC. NO. 30047) Vs. THE PRIVATE SCHOOLS FEE DETERMINATION COMMITTEE

JUDGEMENT

(1.) THE Writ Petitioners who are unaided private schools have filed these Writ Petitions challenging the final order (dated 03.6.2011)/fee structure prescribed by the School Fee Determination Committee on the ground of arbitrariness and that it is not in conformity with Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009 [Tamil Nadu Act 22 of 2009]. All the Writ Petitioners are self financing schools, not getting any financial aid from the State 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.

(2.) TAMIL Nadu Schools (Regulation of Collection of Fee) Act, 2009 was enacted on 07.8.2009. Tamil Nadu Schools (Regulation of Collection of Fee) Rules, 2009 came into force on 07.12.2009. Validity of the Act and the Rules (except Section 11 of the Act and Rules 4(4) and 4(5) of the Rules) was upheld in Tamil Nadu Nursery, Matriculation and Higher Secondary Schools Association Vs. The State of Tamil Nadu and others, reported in (2010 (4) CTC 353).

(3.) THE said orders passed by the Committee dated 07.5.2010 and the Press Release were challenged in a Batch of Writ Petitions. By the order dated 14.09.2010 in M.P. No. 2 of 2010 in W.P. No. 18854 of 2010, a single Judge of this Court passed interim order restraining the State Government from enforcing the order of Fee Fixation Committee for the academic year 2010 -2011 and the said order of the single Judge was challenged in W.A. Nos. 2035 of 2010 etc. batch. First Bench of this Court disposed of the appeals in P.B.Prince Gajendra Babu Vs. Federation of Association of Private Schools in T.N. (2010 (5) CTC 721) interalia issuing directions directing the Committee to consider the objections of 6400 institutions by affording opportunity of personal hearing to the institutions to enable them to submit further materials for consideration of the Committee and thereafter pass individual orders by considering all the materials. The said order of First Bench was challenged in the Supreme Court by way of Special Leave Petition in Special Leave to Appeal (Civil) No. 36589 to 36591 of 2010 and the same was dismissed by the Supreme Court on 16.12.2010.