Coimbatore Public School vs The State of Tamil Nadu and The Private Schools Fee Determination Committee

R. Banumathi, J.—The writ petitioner, who is an unaided private school has filed the writ petition challenging the final order/fee structure

prescribed by the School Fee Determination Committee on the ground of arbitrariness and that it is not in conformity with Tamil Nadu Schools

(Regulation of Collection of Fee) Act, 2009 (Tamil Nadu Act 22 of 2009) and the directions issued by the Division Bench of this Court in W.P.

No. 8489 of 2011 dated 03.5.2012. Writ petitioner school is self-financing/private unaided school and managed by a Charitable Trust. To

regulate the collection of fee by the private schools in the State of Tamil Nadu, Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009

was enacted. The vires of Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009 and Rules were upheld by this Court (except Section

11 of the Act and Rules 4(4) and 4(5) of the Rules) [Vide Tamil Nadu Nursery Matriculation and Higher Secondary Schools Association (Regd.)

Vs. The State of Tamil Nadu and Others, ].

Earlier, various orders passed by the Committee was challenged before this Court on the ground of arbitrariness. By the common order dated

03.5.2012 (W.P. No. 8489 of 2011 etc. Batch), all the writ petitions were remitted back to the Committee with a direction to afford sufficient

opportunity to the schools and pass fresh orders. In the said order, this Court interalia issued guidelines for fixation of school fee in respect of (i)

salary to teaching and non-teaching staff; (ii) employees provident fund; (iii) contribution to employees State Insurance Corporation; (iv) gratuity

and such other head shall be considered based on the bills produced.

The above Writ Petitions - W.P. No. 8489 of 2011 etc. batch, were disposed of with the following directions:--

For the foregoing reasons, the impugned orders in all the writ petitions are set aside and the matters are remitted back to the School Fee

Determination Committee for consideration of the matters afresh. Fee structure approval form shall be given to Writ Petitioner Schools calling upon

them to produce the details and documents required to be furnished. All the Writ Petitioner Schools shall propose the fee structure afresh with

fresh or additional materials/Audit statements showing the expenditure and income. The Committee shall give personal hearing to each of the Writ

Petitioner Schools and also afford reasonable opportunity to all the Writ Petitioner Schools and pass final orders as expeditiously as possible,

preferably by the end of December 2012.

In respect of unaided Non-Minority Educational Institutions, the School Fee Determination Committee shall keep in view the guidelines in

Para Nos. 88 to 117 and 152 of this order. For the reasons stated in Para Nos. 109 and 110, all the unaided Non-Minority Educational

Institutions shall be entitled to surplus for development i.e., Village and Town Panchayats at 10%; Municipalities and District Headquarters at

12=% and Corporations at 15%.

For the reasons stated in Para No. 111, for Infrastructure Grading, there shall be an increase in fee - 7=% to 10% depending on the

availability of the infrastructure in the Schools.

Heard Ms. Subhalaxmi Samanta, learned counsel for Petitioner. We have also heard Mr. P. Sanjay Gandhi, learned Additional Government

Pleader (Education).

Learned Senior Counsel for the Petitioner contended that the impugned order is not sustainable and suffers from serious error. Learned counsel

for Petitioner submitted that the impugned order is only a provisional order passed u/s 6(1) of the Act, which enables the Writ Petitioner school to

file their objections before the Committee. Learned counsel for Petitioner further submitted that without affording opportunity as contemplated u/s

6(2) of the Act, the Committee has determined the fee structure for the academic years 2013-14 and 2014-15 also by giving marginal increase

which is not the correct approach adopted by the Committee.

Writ petitioner school has also interalia raised various contentions alleging as to how the guidelines issued by this Court have not been complied

with and the Committee has failed to take into account the actual expenditure incurred by the schools. According to writ petitioner school, since

the Committee failed to take into account the actual expenditure incurred by the schools, which caused heavy loss caused to the writ petitioner

school which has resulted in serious prejudice to the writ petitioner school in running the school.

By perusal of the typed set of papers and materials, it is seen that the impugned order was passed u/s 6(1) of the Act which is a provisional

order. Section 6(1) of the Act contemplates that the Committee shall determine the fee leviable by a private school taking into account the factors

indicated in Section 6(1) of the Act. In terms of Section 6(2), the Committee shall, on determining the fee leviable by a private school,

communicate its decision to the school concerned. In terms of Section 6(3), any private school aggrieved over the decision of the Committee shall

file their objection before the Committee within 15 days from the date of receipt of the decision of the Committee. Thereafter, the Committee shall

pass the orders fixing the fee to be collected by the schools.

Section 6 reads as under:--

Factors for determination of fee.:--

(1) The Committee shall determine the fee leviable by a private school taking into account the following factors, namely:--

(a) the location of the private school;

(b) the available infrastructure;

(c) the expenditure on administration and maintenance;

(d) the reasonable surplus required for the growth and development of the private school;

(e) any other factors as may be prescribed.

(2) The Committee shall, on determining the fee leviable by a private school, communicate its decision to the school concerned.

(3) Any private school aggrieved over the decision of the Committee shall file their objection before the Committee within fifteen days from the

date of receipt of the decision of the Committee.

(4) The Committee shall consider the objection of the private school and pass orders within thirty days from the date of receipt of such objection.

(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.

(6) The Committee shall indicate the different heads under which the fee shall be levied.

By perusal of the impugned order, it is seen that the order has been passed u/s 6(1) of the Act. However, instead of giving opportunity to the

Writ Petitioner school to file their objections in terms of Section 6(2) of the Act, the Committee had determined the fee structure and proceeded to

observe that the Writ Petitioner school should not collect more than the fee fixed. We are of the view that the Writ Petitioner school is entitled to

have an opportunity to file their objections in terms of Section 6(3) of the Act.

On behalf of the Writ Petitioner school, it is stated that the details furnished by the writ petitioner school to the Committee pertains only to the

academic year 2013-14 and the Committee has fixed the fee structure for 2014-15 also by giving marginal increase to the fee fixed for the

academic year 2012-2013 and it is therefore submitted that if an opportunity was given by the Committee, the petitioner school would have been

able to produce the records to show that they are entitled to higher fee in the next two academic years and therefore, the Writ Petitioner school

prayed that they may be given an opportunity to go before the Committee and place all the relevant materials.

Mr. P. Sanjay Gandhi, learned Additional Government Pleader (Education) fairly conceded that the impugned order is one passed u/s 6(1) of

the Act and that the Writ Petition may be disposed of with a direction to the Writ Petitioner school to file their objections within the time stipulated

in the Act.

Considering the submissions made by the learned counsel for writ petitioner and also the materials on record, we are of the view that the Writ

Petitioner school is at liberty to file their objections before the Committee within a period of 15 days from the date of receipt of copy of this order.

On filing such objections before the Committee, the Committee is directed to afford sufficient opportunity to the Writ Petitioner school to submit

any further details with supporting documents and afford sufficient opportunity to the Petitioner school and pass orders in accordance with law.

With the above observation and directions, the writ petition is disposed of. It is made clear that till the Committee passes the final order, the Writ

Petitioner school is to collect only the fee fixed by the Committee in the impugned order. Consequently, connected miscellaneous petitions are

closed. No costs.