LAKSHMI MATRICULATION SCHOOL Vs. STATE OF TAMIL NADU THE SECRETARY TO GOVERNMENT EDUCATION DEPARTMENT

JUDGEMENT

(1.) 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.

(3.) SECTION 16 is the enabling provision to make rules for carrying out all or any of the purposes of the Act. In exercise of the powers conferred under SECTION 16 of the Act, Tamilnadu Schools (Regulation of Collection of Fee) Rules 2009, Government framed the Rules, which came into force on 7.12.2009. The vires of the Act and the Rules were challenged in a batch of writ petitions. In the judgment dated 9.4.2010 in the case of Tamilnadu Nursery Matriculation and Higher Secondary Schools Association (Regd.) rep.by its General Secretary Vs. The State of Tamilnadu rep.by the Principal secretary, Department of School Education, Fort St.George, Chennai -9 and 4 others (2010(4) CTC 353), First Bench of this Court upheld its validity except SECTION 11 of the Act and Rules 4(4) and 4(5) of the Rules, which gave power to the educational authorities for entering the School for such inspection and seizure. As against the said judgment, Special Leave Petition was filed before the Supreme Court in S.L.P.No.13428 of 2010 and the same was dismissed by the Hon'ble Supreme Court by order dated 11.05.2010.