D K SAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) In these writ petitions, the legal question that has been referred to us for decision is 'whether, after the disaffiliation of the Matriculation Schools by the respective Universities, namely Madras and Madurai Kamarajar Universities, on and after the year 1976, would they fall within the definition of 'Private Schools' as defined under Section 2(7) of the Tamil Nadu Recognised Private Schools (Regulation) Act and thereby the provisions of the Act as well as the Rules and Regulations framed thereunder would automatically apply to the Matriculation Schools'?

(2.) The petitioners in both the writ petitions are running Matriculation Schools and they are challenging the action of the Government in ordering constitution of Special Directorate for Matriculation Schools, under G.O.Ms.No.188, dated 8.11.2001 and the consequential orders passed by the Government on 30.4.2002, imposing liability on the Matriculation schools by way of contributions, depending on the pupil's strength and also enhanced the fee payable for registration recognition and renewal of such recognition and also for according permanent recognition.

(3.) To understand the dispute, a brief history of the Matriculation Schools in the State of Tamil Nadu, need to be noted.