M.V.Ramani v. The Private Schools Fee Determination Committee

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.03.2019

CORAM

THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA W.P.No.8151 of 2019 M.V.Ramani .. Petitioner Vs.

1. The Private Schools Fee Determination Committee, DPI Campus, Chennai - 600 006.

Rep. by its Chairman

2. The Director of Matriculation Schools, DPI Campus, College Road, Chennai - 600 006.

3. Sri Sitaram Vidyalaya Matriculation Higher Secondary School, Run by Sri Ramsamaj, Ramakrishnapuram First Street (Lane), West Mambalam, Chennai 600 033.

Rep. by its Secretary/Authorisesd Signatory

4. Sri Ramsamaj - Educational Agency, A Society under the Societies Registration Act, Rep. by its Committee Management, headed by the President, Arya Gowda Road, West Mambalam, Chennai - 600 033. .. Respondents PRAYER : Writ Petitions filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to consider and act on the representations of the petitioner dated 19.02.2018, 28.02.2018, 24.03.2018 & 12.07.2018 by initiating appropriate criminal action against the third and fourth respondents for contravention of the provisions of the Tamil Nadu Schools (Regulation of Collection of Fees) Act, 2009, either by itself or by according sanction to the petitioner to initiate

appropriate criminal proceedings as prayed for and in accordance with law.

For Petitioner :

Mr.C.V.Subramanian For RR1 & 2 :

Mrs.P.Kavitha Government Advocate

O R D E R

The relief sought for in the writ petition is for a direction to the first respondent to consider and act on the representations of the petitioner dated 19.02.2018, 28.02.2018, 24.03.2018 & 12.07.2018 by initiating appropriate criminal action against the third and fourth respondents for contravention of the provisions of the Tamil Nadu Schools (Regulation of Collection of Fees) Act, 2009, either by itself or by according sanction to the petitioner to initiate appropriate criminal proceedings as prayed for and in accordance with law.

2. The facts of the case is that the petitioner is a life member of Sri Ramsamaj, which is a Public Charitable Society registered under the Societies Registration Act. It is stated that the third respondent school, which is under the control of Sri Ramsamaj and its committee members had collected fees from the poor students in excess of the fee fixed by the Government through the first respondent committee for the years 2010-2011, 2011-2012 and 2012-2013. On the basis of the compliant given by the petitioner, the first respondent has passed an order dated 28.12.2017 based on the recommendation of the second respondent, directing the third respondent to refund the excess fees to the students, which was collected during the period 2010-2011, 2011-2012 to the tune of Rs.63,37,590/- and to file compliance report.

In compliance with the said orders, the third respondent school has partly refunded the excess amount collected from the students and still Rs.15 lakhs remains to be refunded to the students. In this regard, the petitioner has made several representations, viz.,19.02.2018, 28.02.2018, 24.03.2018 and 12.07.2018 to the first respondent requesting to initiate appropriate criminal action against the third and fourth respondents for contravention of the provisions of the Tamil Nadu Schools (Regulation of Collection of Fees) Act, 2009 either by itself or by according sanction to the petitioner. Since, no action has been taken by the first respondent in this regard. Hence, the petitioner is before this Court.

3. Heard the learned counsel appearing on both sides.

4. Considering the facts and circumstances of the case and

the submissions made on either side, this Court, without expressing any opinion on the merits of the representation, directs the first respondent to consider the petitioner's representations dated 19.02.2018, 28.02.2018, 24.03.2018 and 12.07.2018 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner, third and fourth respondents herein and the persons interested in this regard and also affording them an opportunity of personal hearing, within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rsi To

1. The Chairman, Private Schools Fee Determination Committee, DPI Campus, Chennai - 600 006.

2. The Director of Matriculation Schools, DPI Campus, College Road, Chennai - 600 006.

+2cc to Mr.C.V.Subramanian, Advocate, S.R.No.26627 W.P.No.8151 of 2019 CS/05/04/2019