VAGEESA VIDHYASHRAM Vs. SPECIAL OFFICER

JUDGEMENT

(1.) R .BANUMATHI, J Writ Petitioner an unaided private school has filed this Writ Petition challenging the order passed by the Private School Fee Determination Committee contending that it is not in conformity with Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009 (Tamil Nadu Act 22 of 2009).

(2.) WRIT Petitioner school Sri Vageesa Vidhyashram was started in the year 2004 and is run by Sri Vedantha Ramanuja Seva Trust, a registered Public Charitable Trust. Writ Petitioner school is affiliated to Central Board of Secondary Education (CBSE). In pursuance to the direction issued by the First Bench in 2010 (5) CTC 721 (P.B.Prince Gajendra Babu v. Federation of Association of Private Schools), the Writ Petitioner school submitted its response to the questionnaire along with the fee proposed by them and also the supporting materials. The hearing date was fixed on 18.03.2011 and the Writ Petitioner school's Board Member appeared and put forth their objections before the Committee. The Committee headed by Justice K.Raviraja Pandian passed the impugned order dated 27.5.2011 fixing the fee structure for three academic years i.e. 2010-2011; 2011-2012 and 2012-2013 and according to the Writ Petitioner, the said order was received by the school only in June 2011.

(3.) MR .Raguvaran Gopalan, learned counsel for Writ Petitioner contended that Committee did not take into account the total expenditure incurred by the school and that the proposed fee structure is not in commensurate with the actual expenditure incurred by the Writ Petitioner school. It was contended that the Committee erred in determining the minimum requirement of building to be 11900 sq. ft., whereas the Writ Petitioner school has a built up area of 31560 sq. ft. Further, the Writ Petitioner has various modern facilities like English Laboratory, Air-conditioned Computer Laboratory, Maths Laboratory, Multimedia room and purified drinking water facility with R.O. and the Committee has failed to take into account these facilities. According to Writ Petitioner school, during 2010-2011, Writ Petitioner school has paid the total salary of Rs.33,00,000.00, but the Committee has considered only Rs.32,40,000.00, leaving deficit of Rs.60,000.00. The Writ Petitioner school has also incurred expenditure in organising intra-school competitions for students, which the Committee has not taken into account. Contention of Writ Petitioner is that the number of students on the roll has increased by 20% annually; whereas the Committee has considered only 9% for growth and development.