The High Court disposed of a writ petition seeking directions to fix school fees for a private school. The court accepted the respondents' assurance that the representation would be examined for compliance with the Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.04.2016
CORAM THE HON'BLE MR. JUSTICE SATISH K.AGNIHOTRI and THE HON'BLE MR. JUSTICE V.BHARATHIDASAN
W.P. No.13674 of 2016
Pradeep Jayaraman .. Petitioner
Vs.
1.The Chairman,
Private Schools Fee Determination
Committee, Chennai - 6.
2.The Director of School Education,
DPI Campus, Chennai.
3.The Director of Elementary Education,
DPI Campus, Chennai.
4.Secretary to Government,
School Education Department,
Government of Tamil Nadu,
Fort St. George, Chennai - 9.
5.The Principal,
Annai Violet International School,
Red Hills Road, Pudur,
Ambattur, Chennai - 53. .. Respondents
Petition filed under Article 226 of The Constitution of India praying for the issuance of a writ of mandamus directing the first to fourth respondents herein to determine and fix the school fee for the 5th respondent school as per Sections 6 and 7 of The Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009.
For Petitioner .. Mr.Pradeep Jayaraman for Ms.P.Alamelu Saruthri For Respondents .. Mr.P.Sanjay Gandhi, Addl. Govt. Pleader for R1 to R4
ORDER
(Order of the Court was made by SATISH K.AGNIHOTRI, J.)
Mr.P.Sanjay Gandhi, learned Additional Government Pleader accepts notice on behalf of respondents 1 to 4. Notice to the fifth respondent is dispensed with at this stage, as, no adverse order is passed against him in this writ petition. Thus, with the consent of the learned counsel for the petitioner and the learned Additional Government Pleader appearing for respondents 1 to 4, the writ petition is taken up for final disposal, at the admission stage itself.
2.Seeking a direction to the official respondents to determine and fix the school fee for the 5th respondent school as per Sections 6 and 7 of The Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009, the petitioner has come up with the instant writ petition.
3.It is the case of the petitioner, who is stated to be the father of two children studying in the fifth respondent school, that under the provisions of The Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009, the schools are obliged to get the fee determined by the first respondent Committee. Since no such determination of fee is done in the instant case, the petitioner has made a representation to the authorities on 13 March 2016.
4.Learned Additional Government Pleader appearing for respondents 1 to 4 submits that the representation, which has been received recently, will be examined and appropriate steps to ensure compliance of the statutory provisions, as aforestated, will be taken at the earliest, in accordance with law and on its own merits.
5.In view of the above submission made by the learned Additional Government Pleader appearing for respondents 1 to 4, it is ordered accordingly.
6.With the aforestated observation and direction, the writ petition stands disposed of. No costs.
-s/dAssistant Registrar
True Copy
Sub-Assistant Registrar
To
1.The Chairman,
Private Schools Fee Determination
Committee, Chennai - 6.
2.The Director of School Education,
DPI Campus, Chennai.
3.The Director of Elementary Education,
DPI Campus, Chennai.
4.The Secretary to Government,
School Education Department,
Government of Tamil Nadu,
Fort St. George, Chennai - 9.
+1 cc to Mrs.P.Alamelu Saruthri Advocate sr.23259
+1 cc to government Pleader sr.23472
W.P. No.13674 of 2016
aa21/04/2016
2 issues framed by the court
Whether to entertain a writ petition seeking directions to fix school fees under the Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009 before the petitioner's representation is examined b
Whether to direct the respondents to determine and fix school fees for the specific school mentioned.
2 provisions across 2 enactments
Pradeep Jayaraman
The Chairman, Private Schools Fee Determination Committee, Chennai
The Director of School Education, DPI Campus, Chennai
The Director of Elementary Education, DPI Campus, Chennai
Secretary to Government, School Education Department, Government of Tamil Nadu
The Principal, Annai Violet International School, Chennai
Satish K.Agnihotri
V.Bharathidasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
