Mathakondapalli Model School v. The Special Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2015

CORAM

THE HON'BLE Mr. JUSTICE SATISH K.AGNIHOTRI and THE HON'BLE Dr. JUSTICE P.DEVADASS W.P.No.28046 of 2015 and M.P.No.1 of 2015 Mathakondapalli Model School rep. by its Authorised Representative K.Radhakrishnan ... Petitioner Vs.

1. The Special Officer, Private School Fee Determination Committee, DPI Campus, College Road, Chennai - 6.

2. The State of Tamil Nadu rep. by its Secretary, Department of School Education, Secretariat, Fort St. George, Chennai - 9.

... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorarified mandamus to call for the records of the Committee pertaining to the order of fixation of fees dated 18.11.2014 culminating in the order dated 12.03.2015 on the file of the first respondent and quash the same and consequently permit the petitioner school to follow its proposed fee structure for the academic years 2014-2015, 20152016 and 2016-2017. For Petitioner :

Mr.M.Aravind Subramaniam For Respondents :

Mr.P.Sanjay Gandhi, Additional Government Pleader

ORDER

(delivered by SATISH K.AGNIHOTRI, J.) With the consent of the learned counsel for the parties, the writ petition is taken up for final disposal. 2.Questioning the correctness of the order dated 12 March 2015 passed by the first respondent - Private School Fee Determination Committee, the petitioner has filed the present writ petition.

3.Mr.P.Sanjay Gandhi, learned Additional Government Pleader appearing for the respondents fairly submits that in Ravi Bharathi Vidyalaya School, Chennai Vs. The Special Officer, Private Schools Fee Determination Committee, Chennai and Another1, a Division Bench of this Court, wherein one of us (Satish K.Agnihotri, J. ) was a Member, clarified the compliance of the guidelines laid down by this Court in Lakshmi Matriculation School and Others Vs. State of Tamil Nadu and Others2. He would further submit that the Committee has decided to examine all the cases and pass an order in accordance with the observations and directions passed in the aforestated cases.

Accordingly, liberty be given to the first respondent to reexamine the issue afresh, after affording an opportunity of hearing as observed in the orders (supra), within a period of two months from the date of receipt of a copy of this order. 4.In view of the above submission made by the learned Additional Government Pleader, it is ordered accordingly. 5.With the above observation and direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar 1W.P.No.6084 of 2014 2 2012 (2) CWC 204

mmi To

1. The Special Officer, Private School Fee Determination Committee, DPI Campus, College Road, Chennai - 6.

2. The Secretary to Government, Department of School Education, Secretariat, Fort St. George, Chennai - 9.

+1cc to Mr.M.Aravind Subramaniam, Advocate, S.R.No.67794 +1cc to the Government Pleader, S.R.No.68157 W.P.No.28046 of 2015 SV(CO) CA(04/01/2016)