N B RABINDRANATHAN SECRETARY ZKM HIGHER SECONDARY SCHOOL Vs. DISTRICT EDUCATIONAL OFFICER UTHAMAPALAYAM THENI DISTRICT

JUDGEMENT

(1.) THE appellant is the unsuccessful writ petitioner.

(2.) THE following few facts are relevant for disposal of this writ appeal:

(3.) . Penalties: (1) Whoever contravenes the provisions of this Act or the rules made thereunder shall, on conviction be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and with fine which may extend five thousand rupees: Provided that the Court may, for any adequate and special reason to be mentioned in the judgment, impose a sentence or imprisonment for a term of less than three years. (2) Where the conviction is for an offence under Section 3 or under Section 4, the educational institution or the person convicted thereunder shall refund to the person from whom- (a) the capitation fee was collected in contravention of Section 3, such capitation fee; (b) the fee of deposit was received or collected in excess of the amount payable under Section 4, such excess amount". Sub Section 2 of Section 7 of the Capitation Fee Act contemplates that the educational institution or the person convicted thereunder shall refund to the person from whom the capitation fee was collected in contravention of Section 3, such capitation fee and the fee or deposit was received or collected in excess of the amount payable under Section 4, such excess amount. 7. Whether the provisions of this Section could be made applicable to the facts of this case itself is in dispute, as the said Act though had come into force on 20.8.1992, it is not brought to our notice whether the Educational Institutions like the petitioner were notified in terms of clause 2(b) of Section 7 of the Capitation Fee Act. It is also not brought to our notice as to whether the fee has been prescribed by issue of a Draft Notification published in the Tamil Nadu Governmetn Gazette as contemplated in the provision to Section 4(1) of the Capitation Fee Act. In the absence of the above, the invocation of the provisions of the Capitation Fee Act cannot be upheld.