GRACE MATRICULATION SCHOOL Vs. PRIVATE SCHOOLS FEE DETERMINATION

JUDGEMENT

(1.) CHALLENGING the order dated 28.02.2011, 27.05.2011 and 03.6.2011 respectively passed by Private School Fee Determination Committee that it is not in conformity with Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009 (Tamil Nadu Act 22 of 2009), Petitioner schools which are unaided private schools have filed these Writ Petitions. Since the point falling for consideration in all these Writ Petitions are one and the same, all the Writ Petitions were taken up heard together and disposed of by this common order.

(2.) IN pursuance to the direction issued by the First Bench in P.B.Prince Gajendra Babu v. Federation of Association of Private Schools in Tamil Nadu (2010 (5) CTC 721), the Petitioner schools submitted their response to the questionnaire along with the fee proposed by them and also the supporting materials. The Committee headed by Justice K.Raviraja Pandian passed impugned order dated 28.02.2011, 27.05.2011 and 03.06.2011 respectively fixing the fee structure for three academic years i.e. 2010-11; 2011-12 and 2012-13.

(3.) COMMON contention of Writ Petitioners are that:- Committee did not take into account the total expenditure as per the audited accounts incurred by the schools and the proposed fee structure is not in commensurate with the actual expenditure incurred by the Writ Petitioner schools. No sufficient opportunity was given to the schools. Salary to teaching and non-teaching staff are to be paid on par with VI Pay Commission and the salary has risen nearly by 33% and that the Committee has not taken into account the impact of increase in pay due to Pay Commission. School has various financial commitments viz., (i) increase in Dearness Allowance declared by the State Government twice in a year; (ii) Management's contribution to Employees Provident Funds; (iii) Payment of gratuity to staff members, surrender and encashment of leave salary etc. and (iv) Ex-gratia Pongal Bonus were not taken into consideration by the Committee. It was submitted that Petitioner schools are similarly situated schools as that of the schools in the batch of Writ Petitions in W.P.No.8489 of 2011 etc. batch and prays for remitting the matter back to the Committee for consideration of the matter afresh in the light of the guidelines laid down in the common order dated 03.05.2012.