LAWS(MAD)-2012-11-26

AKILANDESWARI VIDYALAYA Vs. SPECIAL OFFICER

Decided On November 09, 2012
Akilandeswari Vidyalaya Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) MAIN writ petitions W.P.Nos.22391 and 22392, along with batch of writ petitions, were disposed of by this Court by judgment dated 21.09.2012, to which one of us (R.Banumathi,J.) was a member, holding that the provisions of Tamil Nadu Schools (Regulation and Collection of Fee) Act, 2009 are applicable to CBSE and ICSE Schools and all the writ petitions were dismissed.

(2.) THE writ petitioners have filed these petitions seeking clarification that the 1st respondent shall take into consideration the guidelines given by this Court in W.P.No.16023 of 2011 etc., dated 3.5.2012 along with the CBSE norms. It is the contention of the writ petitioner that earlier they have filed objection before the School Fee Determination Committee mainly challenging the applicability of the Act to CBSE Schools and not on merits. In view of the dismissal of the writ petitions, now the writ petitioners pray that opportunity be given to them to go before the Committee to put forth their case on factual aspects.

(3.) CASE of petitioners is that when they have filed objections before the School Fee Determination Committee under section 6(3) of the said Act, the petitioner schools mainly raised the question only regarding the applicability of the provisions of the Act 22 of 2009. They did not furnish the comprehensive details regarding the expenditure of the petitioner schools and therefore, the Committee fixed the fee based on the incomplete materials furnished by the petitioner schools.