Madras High CourtWP/11871/2020disposed of

K.M.Karthik, v. State Of Tamilnadu

2021-02-05Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.11871 of 2020 K.M.Karthik ...

petitioner Vs 1 State of Tamilnadu Rep through the Chief Secretary to the Government Office of Revenue and Disaster Management Dept. Disaster Management Wing DM II Section Fort St.George, Chennai 9 2 Principal Chief Commissioner of Income-Tax Chennai 121 M.G.Road Nungambakkam Chennai -34.

3 The Chairman Committe on Fixation of Fee in respect of self Financing Professional Colleges F-1 DOTE Staff Quarters Gandhi Mandapam Road Chennai -25.

4 The Chairman Private Schools Fee Determination Committe Chennai -6.

5 The Commissioner Office of Commissioner of Treasuries and Accounts Amma Complex 3rd Floor Veterinary Hospital Campus No.571 Anna Salai Nandanam Chennai -35.

6 The Secretary Collegiate Education Dept. Fort St. George Chennai -9.

7 The Secretary School Education Department Fort St.

George Chennai -9.

8 The Director Directorate of Matriculation Education DPI Campus Chennai -9.

9 The Director Directorate of Elementary Education DPI Campus Chennai-9.

10 All India Council for Technical Education Rep.by its Member Secretary Nelson Mandela Marg Vasant Kunj New Delhi -67.

...

respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the Directing the respondents 1 to 3 to direct the state government`s treasury to take over the complete financial transactions with respect to the salary of teachers and professors and students fees of the private schools and colleges of Tamil Nadu. To reduce the fee structures of private schools and colleges to the maximum possible after a detailed audit by the Income Tax department on the private schools and colleges to close the cash counter/money collection by hand/by online at all private schools and colleges within the stipulated time as fixed by this Honourable Court. For petitioner ::

Mr.Abishek Yadav For respondents ::

Mr.G.K.Muthukumar,Spl.G.P.

for 1st respondent Mr.C.Munusamy, Spl.G.P.

for respondents 6 to 9 Mr.E.Manoharan, for R-3 Mr.B.Rabu Manohar, for 10th respondent

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The primary relief sought in the writ petition is for the State Government's Treasury to take over the complete financial transactions pertaining to the salary of teachers, professors and students' fees of private schools and colleges in the State.

The other prayers relate to the reduction of the free structure for students and the closure of cash counters at all private schools and colleges.

2. As far as the main prayer is concerned, it is a matter of policy and no writ in the nature of Mandamus can be issued in such regard. Equally, it is for the State to consider whether it is appropriate to give instructions for reduced free structures, particularly in private unaided schools.

3. At the highest, the writ petitioner may be allowed to carry the substance of the writ petition by way of a written representation made to the Education Department for such Department to consider the same. There can be no order in aid of any of the reliefs sought by the writ petitioner.

4. W.P.No.11871 of 2020 is disposed of. There will be no order as to costs.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar tar To:

1 The Chief Secretary to the Government Office of Revenue and Disaster Management Dept. Disaster Management Wing DM II Section Fort St.George, Chennai 9 2 Principal Chief Commissioner of Income-Tax Chennai 121 M.G.Road Nungambakkam Chennai -34.