PARENTS STUDENTS WELFARE ASSOCIATION REPRESENTED BY ITS SECRETARY Vs. GENERAL SECRETARY ASAN MEMORIAL ASSOCIATION

JUDGEMENT

(1.) This writ petition is preferred by the Parents Students Welfare Association, Asan Memorial Senior Secondary School, for a direction to ensure that the first respondent School abides by the fee fixed by the Fee Fixation Committee by its order dated 03.08.2015 and to refund the fee collected in excess of the amount fixed by the Fee Fixation Committee for the years 2013-2014, 2014-2015 and 2015-2016.

(2.) The grievance of the writ petitioner is that the fifth respondent Fee Determination Committee has fixed fee for the academic years 2013-2014, 2014-2015 and 2015-2016, but the first respondent School is collecting over and above the fee fixed by the Committee and there has been exorbitant demand by the School. Pursuant to which, they made representations to the Chief Educational Officer and the Fee Fixation Committee. The Chief Educational Officer has conducted an enquiry and in his report dated 19.06.2015 to the Director of School Education has said that the first respondent School collected fee in excess of the one which is determined by the Fee Committee. Even though the representatives of the writ petitioner association tried to meet the school officials, they were not given audience. Subsequent to their representation dated 17.07.2015, the writ petitioner and few other parents of the students could meet the Executive Director and that they were informed that money is needed for developing Asan Memorial Dental College and Hospital and therefore, they are collecting excess fee and diverting the same to develop the above said institution. Even though the first respondent School is directed to refund the excess amount, School has not obeyed the orders of the Fee Committee and continued to collect excess fee. Therefore, the writ petitioner has filed the above writ petition.

(3.) Further, by a letter dated 21.02016, the third respondent communicated the letter of the Principal of the School dated 16.02016. In that letter, it was stated that in view of the interim order passed by the Hon'ble Supreme Court, the School is collecting the fee approved by the School Management Committee at its meeting held on 05.02.2015. According to the writ petitioner, the School Management Committee shall have the parent representatives. None of their members are called to the meeting nor the writ petitioner association was consulted in choosing the parent representative. The two parent representatives, who were part of the School Management Committee neither elected by the larger parent body nor in consultation with the writ petitioner association. The fee collected is in scant regard and respect of the School Management to CBSE guidelines or to any sense of reasonableness in fixing the school fees, which amounts to unbridled profit generation. The Fee Committee can continue to exercise the powers under Section 7(3) of the Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009 and it is not stayed by the Hon'ble Supreme Court and therefore, a direction to the respondents 2 to 4 ensuring compliance of law by the first respondent School shall be issued. Further, the excess fee collected by the School in excess of Fee Committee orders dated 11.06.2015, 29.06.2015 and 008.2015, shall be refunded to the students.