T.I.Matriculation Higher Secondary School v. The Special Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 20.06.2023 Coram:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE P.DHANABAL Writ Petition No.9615 of 2022 and W.M.P.Nos.9358 and 9359 of 2022 -- T.I.Matriculation Higher Secondary School (23/2021), Rep. by its Principal Mr.D.Senthil Kumar, Nos.1 and 2, M.T.H.Road, Thiruvenkada Nagar, Ambattur, Chennai-600 053.

.. Petitioner Vs.

The Special Officer, Private School Fee Determination Committee, DPI Compund, College Road, Chennai-600 006.

.. Respondent Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order dated 01.12.2021 and the consequential order dated 11.01.2022 passed by the respondent and quash the same and direct the respondent/Committee to consider all actual expenses incurred by the petitionerSchool towards salaries, statutory payments and all other actual expenses under the heads already allowed by the respondent-Committee during the Academic 1 / 5

Year 2020-2021 and the factum of opening of Physical classes in schools from February 2022 for fixing the fee for the years 2021-2022, 2022-2023 and 20232024. For petitioner : Mr.S.Thanka Sivan For respondents: Ms.S.Kaavya

ORDER

(The Order of the Court was made by D.Krishnakumar, J) When the Writ Petition is taken up for hearing, learned counsel for the respondent/Committee fairly submitted before this Court that if the petitioner is having grievance as against the fee fixation by the respondent-Committee for the Academic Years 2021-2022, 2022-2023 and 2023-2024 for a period of three years, the same shall be addressed by the petitioner-School to the respondentCommittee.

2. The learned counsel for the petitioner has raised several grounds/reasons in this Writ Petition.

3. At this juncture, learned counsel for the respondent-Committee submitted that all the grounds raised by the petitioner in this Writ Petition will be considered by the Committee afresh, if any such representation is made by the petitioner, which will be considered on merits and in accordance with law by the respondent/Committee.

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4. Therefore, in the light of the above submissions made by the learned counsel on either side, and as the learned counsel for the petitioner agreed that the petitioner-School will approach the respondent-Committee for redressal of their grievance, while recording the above submissions made by the learned counsel on either side, we direct the petitioner-School to make their claim by approaching the respondent-Committee within a period of two weeks from the date of receipt of a copy of this order and if such a claim is made, the respondent/Committee shall consider the same on merits and in accordance with law, and pass appropriate orders, and subject to the outcome of the decision taken by the Committee, if any excess amount is collected by the petitionerSchool, the Committee will take appropriate decision in the matter.

5. With the above observations/directions, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, W.M.Ps. are closed. (D.K.K., J) (P.D.B., J) 20.06.2023 Speaking Order: Yes/no cs 3 / 5

To The Special Officer, Private School Fee Determination Committee, DPI Compund, College Road, Chennai-600 006.

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D.KRISHNAKUMAR, J and P.DHANABAL, J cs 20.06.2023 5 / 5