St.James Matriculation School v. Director Of Matriculation Schools

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.Nos.27379, 27381, 27382, 27385, 27387, 27388, 27391, 27392, 27394, 27396, 27397, 27398, 27403, 27404 & 27405 of 2022 St.James Matriculation School, Rep. By the Correspondent, Vembakkam, T.V.Puram, Ponneri, Thiruvallur - 601 204.

...Petitioner in WP.28099/22

St.Mary's Matriculation Higher Secondary School, Rep. by the Correspondent, Chinthalakuppam, Gummidipundi, Thiruvallur District.

...Petitioner in WP.28103/22

Sahayamatha Girls Higher Secondary School, Rep. by the Correspondent, B.D.Office, Minjur, Ponneri - 601 203, Thiruvallur District. ...Petitioner in WP.28105/22 St.Antony's Matriculation Higher Secondary School, Rep. by the Correspondent, No.5, Swaminathan Nagar, Kottivakkam, Chennai - 600 041, Chegnalpattu District. ...Petitioner in WP.28109/22 1/17

Holy Child Matriculation Higher Secondary School, Rep. by the Correspondent, Naravarikuppam, Redhills, Chennai - 600 052. ...Petitioner in WP.28115/22 Vs.

1.Director of Matriculation Schools, Directorate of Matriculation Schools, DPI Campus, Chennai - 600 006.

2.The Private Schools Fee Determination Committee, Rep by its Special Officer, PTA Building, DPI Campus, College Road, Chennai - 600 006.

...Respondents in all WPs

Prayer in W.P.No.28099 of 2022: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus, calling for the records, pertaining to the impugned communication dated 05.06.2022, on the file of the 2nd respondent, and quash the same, consequently directing the respondents to permit the petitioner School to follow the fee structure of the year 2021-2022 as determined by the 2nd respondent on 24.11.2021, also for the current academic year, in accordance with Sec.6(5) of the Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009.

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Prayer in W.P.No.28103 of 2022: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus, calling for the records, pertaining to the impugned communication dated 05.06.2022, on the file of the 2nd respondent, and quash the same, consequently directing the respondents to permit the petitioner School to follow the fee structure of the year 2021-2022 as determined by the 2nd respondent on 16.11.2021, also for the current academic year, in accordance with Sec.6(5) of the Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009.

Prayer in W.P.No.28105 of 2022: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus, calling for the records, pertaining to the impugned communication dated 05.06.2022, on the file of the 2nd respondent, and quash the same, consequently directing the respondents to permit the petitioner School to follow the fee structure of the year 2021-2022 as determined by the 2nd respondent on 07.02.2022, also for the current academic year, in accordance with Sec.6(5) of the Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009.

Prayer in W.P.No.28109 of 2022: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus, calling for the records, pertaining to the impugned communication dated 3/17

05.06.2022, on the file of the 2nd respondent, and quash the same, consequently directing the respondents to permit the petitioner School to follow the fee structure of the year 2021-2022 as determined by the 2nd respondent on 22.11.2021, also for the current academic year, in accordance with Sec.6(5) of the Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009.

Prayer in W.P.No.28115 of 2022: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus, calling for the records, pertaining to the impugned communication dated 05.06.2022, on the file of the 2nd respondent, and quash the same, consequently directing the respondents to permit the petitioner School to follow the fee structure of the year 2021-2022 as determined by the 2nd respondent on 24.11.2021, also for the current academic year, in accordance with Sec.6(5) of the Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009.

For Petitioner : Dr.Fr.A.Xavier Arulraj, Senior Advocate for Father Xavier Associates For Respondents : Mrs.Mythreye Chandru, Special Government Pleader for R1 and R2 ******* 4/17

C O M M O N O R D E R (Order of the Court was made by R.SUBRAMANIAN, J.) Challenge in these writ petitions by the private minority schools is to the order of the 2nd respondent viz., the The Private Schools Fee Determination Committee appointed under the Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009, rejecting their request for following the fee determined for the Academic Year 2019-20.

2. The Fee Fixation Committee which has been constituted under the said enactment had originally by its order dated 26.07.2017 fixed the fee for the petitioner school in WP.No.28099 of 2022 as follows:- Fee Structure for 2019-20 Class Student Strength Annual Fee (Rs.) Income LKG 16940 609840 UKG 16940 965580 I 18150 961950 II 18150 834900 III 18150 961950 IV 18150 961950 V 18150 834900 VI 19360 600160 5/17

Class Student Strength Annual Fee (Rs.) Income VII 19360 735680 VIII 19360 774400 IX 20570 678810 X 20570 863940 XI XII By order dated 22.09.2017, the Fee Fixation Committee fixed the fee for the petitioner school in WP.No.28103 of 2022 as follows:- Fee Structure for 2019-20 Class Student Strength Annual Fee (Rs.) Income Pre KG if available/ LKG & UKG 2363050 I - V 10345 7986340 VI - VIII 12340 4084540 IX & X 15970 3800860 XI & XII 20160 5402880 By order dated 28.07.2017, the Fee Fixation Committee fixed the fee for the petitioner school in WP.No.28105 of 2022 as follows:- 6/17

Fee Structure for 2019-20 Class Student Strength Annual Fee (Rs.) Income LKG UKG I II III IV V VI VII VIII IX X XI 1335840 XII 13310 2249390 By order dated 24.07.2017, the Fee Fixation Committee fixed the fee for the petitioner school in WP.No.28109 of 2022 as follows:- Fee Structure for 2019-20 Class Student Strength Annual Fee (Rs.) Income Pre KG if available/ 10525 2473375 7/17

Class Student Strength Annual Fee (Rs.) Income LKG & UKG I - V 13615 9026745 VI - VIII 15125 7426375 IX & X 16335 3806055 XI & XII 18150 3267000 By order dated 29.05.2017, the Fee Fixation Committee fixed the fee for the petitioner school in WP.No.28115 of 2022 as follows:- Fee Structure for 2019-20 Class Student Strength Annual Fee (Rs.) Income Pre KG if available/ LKG & UKG 10890 2962080 I - V 13190 8560310 VI - VIII 15730 5065060 IX & X 17545 3982715 XI & XII 19965 3054645

3. This fixation was directed to continue for a period of 3 years. In view of the pandemic this Court intervened and passed orders directing the schools to collect 75% of fees fixed for the academic year 2019-20 during the academic year 2020-21 and 85% of the fee fixed for the academic year 20198/17

20 during the academic year 2021-22.

4. In the interregnum, the re-constituted Fee Fixation Committee by order dated 24.11.2021 fixed the fees for the academic year 2021-22 for the petitioner in WP.No.28099 of 2022 as follows: Fee Structure for 2021-22 (Approval) Class Annual Fee (Rs.) LKG UKG I & II III & IV V - VII VIII IX X By order dated 16.11.2021 fixed the fees for the academic year 2021-22 for the petitioner in WP.No.28103 of 2022 as follows: Fee Structure for 2021-22 Class Annual Fee (Rs.) Pre KG if available/ LKG & UKG 9/17

Class Annual Fee (Rs.) I - V VI - VIII IX & X 10000 XI & XII 11550 By order dated 07.02.2022 fixed the fees for the academic year 2021-22 for the petitioner in WP.No.28105 of 2022 as follows: Fee Structure for 2021-22 Class Annual Fee (Rs.) ENGLISH MEDIUM XI & XII 10850 TAMIL MEDIUM XI & XII By order dated 22.11.2021 fixed the fees for the academic year 2021-22 for the petitioner in WP.No.28109 of 2022 as follows: Fee Structure for 2021-22 Class Annual Fee (Rs.) Pre KG if available/ LKG & UKG I - V 10/17

Class Annual Fee (Rs.) VI - VIII IX & X 10000 XI & XII 11000 By order dated 24.11.2021 fixed the fees for the academic year 2021-22 for the petitioner in WP.No.28115 of 2022 as follows: Fee Structure for 2021-22 Class Annual Fee (Rs.) Pre KG if available/ LKG & UKG I - V VI - VIII IX & X XI & XII 10500

5. The petitioners sent representations on 16.04.2022 seeking permission to collect the fee that was determined for the academic year 201920. This was rejected by the Committee by a single line order stating that there is no provision for considering such request. This impelled the petitioners to come up with these writ petitions, wherein the prayers read as 11/17

follows:- To call for the records, pertaining to the impugned communication dated 05.06.2022, on the file of the 2nd respondent, and quash the same, consequently direct the respondents to permit the petitioners Schools to follow the fee structure of the year 2021-2022 as determined by the 2nd respondent on 24.11.2021, 16.11.2021, 07.02.2022, 22.11.2021 and 24.11.2021 also for the current academic year, in accordance with Sec.6(5) of the Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009.

6. We have heard Dr.Father A.Xavier Arulraj, learned Senior Counsel appearing for the petitioner and Mrs.Mythreye Chandru, learned Special Government Pleader for the respondents 1 and 2.

7. Dr.Father A.Xavier Arulraj, learned Senior Counsel appearing for the petitioner would submit that though the schools have made requests to collect the fees fixed for academic year 2019-20 based on the orders of the Division Bench, the prayer now made is slightly different and they want to 12/17

collect the fee fixed by the Committee for the academic year 2021-22, which is lesser than the fee fixed for the academic year 2019-20, for the academic year 2022-23 also.

8. He would submit that the claim of the Committee that there is no provision to consider such request is apparently not correct, since the very provision which prescribes the factors for determination of fees viz., Section 6 of the Tamil Nadu Schools (Regulation of Collection of Fees) Act, 2009 vests the discretion in them to either approach the Committee or to collect the fee already fixed. Particular reference is made by the learned Senior Counsel to Sub-Section 5 of Section 6 which reads as follows:-

(5) The orders passed by the committee shall be final and binding on the private school for three academic years. At the end of the said period, the private school would be at liberty to apply for revision.

9. A very reading of the provision, according to the learned Senior Counsel, would demonstrate that it is open to the Institution to waive the liberty / right to apply for revision. Therefore, according to the learned 13/17

Senior Counsel the rejection of the request is not justified.

10. Mrs.Mythreye Chandru, learned Special Government Pleader appearing for the respondents would upon instruction submit that if the petitioners want to collect the fee fixed by the Committee for the academic year 2021-22 for the academic year 2022-23 the Government would have no objection. She would point out to the representation made by the respective petitioners during April 2022 seeking to collect the fee fixed for the academic year 2019-20 which was much higher. The option to seek revision is with the schools. It is open to the schools to waive the right to seek revision, but they shall ensure that they collect the latest fee fixed by the Committee and not the earlier years because the fee fixed for the academic year 2021-22 is less than the fee fixed for the academic year 2019-20 since the pandemic situation was taken into account by the Committee while fixing the fee for the academic year 2021-22.

11. The Government cannot insist that the schools must collect higher fee. If the schools do not want a revision they can waive the right and collect the latest fee fixed by the Committee. We are therefore unable to 14/17

sustain the order of the 2nd respondent Committee. If only the 2nd respondent had clarified that it will be open to the schools to collect the fee fixed by the latest order of the Committee these writ petitions could have been avoided.

12. In view of the above, these writ petitions are allowed. The petitioners schools are permitted to collect the fee fixed by the Committee for the academic year 2021-22 for ensuing academic year 2022-23 also. No costs. Consequently, the connected writ miscellaneous petitions are closed. (R.S.M.,J.) (K.B.,J.) 20.10.2022 dsa Index :No Internet :Yes Speaking order To:- 1.Director of Matriculation Schools, Directorate of Matriculation Schools, DPI Campus, Chennai - 600 006.

2.The Private Schools Fee Determination Committee, Rep by its Special Officer, PTA Building, DPI Campus, 15/17

College Road, Chennai - 600 006.

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R.SUBRAMANIAN, J.

and K.KUMARESH BABU, J.

dsa W.P.Nos.28099, 28103, 28105, 28109 & 28115 of 2022 20.10.2022 17/17