L NAGESWARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE prayer in W.P.No.2908 of 1999 is for a writ of mandamus for bearing the second respondent from increasing the fees pursuant to their circular dated 16.12.1998.

(2.) W.P.No.2909 has been preferred for a writ of mandamus directing the first respondent to notify Matriculation and Higher Secondary Schools as Educational Institutions as defined in Section 2(b) of the Tamil Nadu Educational Institutions (Prohibition of Collection of Capitation Fee) Act, 1992.

(3.) THE learned counsel for the petitioner contended that the second respondent is a recognized educational institution and as such they are not entitled to revise the fees during the middle of the academic year like a commercial establishment, inasmuch as the education cannot be termed to be a business. According to the learned counsel, the entire fees were determined before the commencement of the academic year and only after ascertaining the fees fixed by the second respondent that the parents admitted their children in the institution and they have also planned their budget in such a way and therefore the second respondent was not justified in enhancing the fees during the middle of the academic year under the pretext of granting salary to the employees on the recommendation of the pay commission. It was also contended that under the guise of payment of revised salary to the employees, the second respondent attempted to collect huge amount much more than the amount actually to be paid to the employees, on account of revision.