T.S.Kalyanasundar v. The Chair Person

ORDER The petitioner has filed this writ petition for issue of a Writ of Mandamus, directing the respondents to regulate the school fee structures for the 5th respondent school and to refund the excess school fees collected from the students by the 5th respondent and initiate appropriate action against the 5th and 6th respondents for not complying with the TamilNadu fee structures prescribed by the 1st respondent and other violations.

¶2It is now brought to the notice of this Court that by proceedings dated 03.02.2023, the Joint Director of School Education (Higher Secondary), Chennai has passed the following order: "jkpo;ehL gs;spf;fy;tp Mizauf ,iz ,af;Feupd; (Nky;epiyf; fy;tp) nray;Kiwfs;> nrd;id-6 e.f.vz;.35333/W5/,3/2022> ehs; 03.02.2023 nghUs;: gs;spf;fy;tp

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- [p.MWKfk;> jiyik Mrphpah;> ,uhkrhkp gps;is Nky;epiyg;gs;sp> ,yQ;rp> njd;fhrp khtl;lk; vd;ghh; kPJ Raepjp gpuptpy; gapYk; khzth;fsplk; fl;lzk; t#y; nra;jjpy; KiwNfL nra;jjw;fhf ngwg;gl;Ls;s Gfhh; Fwpj;J tprhuiz mwpf;if NfhUjy; - rhh;e;J. ghu;it:

¶1nrd;id-16> Coy; jLg;G kw;Wk; fz;fhzpg;Gj;Jiw fbjk;> VR.No.37029/2020 ehs;

03.09.2021> 14.12.2021.

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e.f.vz;. 01581/lgps;A5/,3/2021> ehs; 12.11.2021> 11.02.2022

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¶4muR fbjk; vz; 22087/SEo(1)/2022-1, dated 29.11.2022 ****** njd;fhrp khtl;lk;> ,uhkrhkp Nky;epiyg;gs;spapy; jiyik Mrpupauhf gzpGupAk; jpU.[p.MWKfk; vd;ghh; kPJ Raepjp gpuptpy; gapYk; khzth;fsplk; fl;lzk; t#y; nra;jjpy; KiwNfL nra;jjhf ngwg;gl;Ls;s Gfhh; njhlh;ghf ghh;it (2) kw;Wk; (3) ,d;gb Vw;fdNt mwpTWj;jg;gl;lJ. jw;NghJ ghh;it (3) y; fhZk; muR fbjj;jpy; Nkw;gb Gfhh; Fwpj;J fPo;f;fz;lthW njhptpf;fg;gl;Ls;sJ. "the AO Thiru G.Arumugam, Head Master, Ramasamy Pillai Higher Secondary School, Illanchi, Tenkasi District has collected more fees than the Government prescribed fees amount from the self finance class students 1) Selvan. M.Saravana Karthik Raja for 12th standard during 2016-17, 2) Selvi. M.Sivaranjani, 3) Selvan. M.Muthukumar for 12th standard classes during the year 2018-2019 and from students 4) Selvi. M.Babu Duraichi for 10th standard, 5) Selvan. M.Muthu Maharaja for 8th standard during 2019-2020 without giving any receipt for the collection amount." NkYk; md;dhu; Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009 ,d;gb Section 9 r/w Section-3 ,d;gb KiwNflhd fl;lzk; t#y; nra;jJ njhlh;ghf jFjp tha;e;j mYtyh; tprhuiz nra;J mwpf;if cld; mDg;gplf;Nfhug;gl;Ls;sJ. Nkw;fhz; rl;lj;jpy; gpupT 11-,y; fPo;f;fhZkhW Fwpg;gplg;gl;Ls;sJ.

¶11District Committee:

¶1There shall be a District Committee in every revenue District which shall consist of the Chief Educational Officer of the district as Chairperson and such other members as may be prescribed.

¶2The District Committee or any member of the said committee authorised by it in this behalf may, at any time, during the normal working hours of any Private School, enter such private School or any premises thereof or any premises belonging to the management of such Private School if it or he has reason to believe that there is or has been any contravention of the provisions of this Act or the rules made there under and search and inspect any record, accounts, register or other document belonging to such private school or of the management, in so far as any such record, accounts, register or other documents relates to such private school and seize any such record, accounts, register or other document for the purpose of ascertaining whether there is or has been any such contravention.

¶3The provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) relating to search and seizure shall apply, so far as may be, to search and seizure under sub section (2)" "Nkw;gb> muRf; fbjj;jpy; mwpTWj;jg;gl;lthW jpU.[p.MWKfk;> jiyik Mrphpah; kPjhd fl;lz t#y; KiwNfL Gfhh; Fwpj;J Nkw;fhz; rl;lg;gphptpd; mbg;gilapy; tpupthd tprhuiz mwpf;if cld; Nkw;nfhz;L

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¶3The above order has been passed with reference to the complaint regarding excessive fee being collected by the 6th respondent/School. Since the matter has already been referred to the Committee, no further orders are required to be passed in the instant writ petition. However, this Writ Petition is disposed of giving the following directions to the Committee that would be so formed, which is to be headed by the Chief Educational Officer, Tenkasi:

(i) The Committee shall permit the petitioner to appear before it and produce such proof as is required to prove his case that the school is indulging in excessive collection of fee;

(ii) The school shall also be permitted to give their response and counter the statement; and

(iii) The committee shall proceed to conclude the enquiry and pass orders on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order. No costs.

10.04.2023 (2/2) NCC : Yes/No Index : Yes/No abr To

1.The Chair Person, Tamil Nadu Private Schools Fee Committee, D.P.I.Complex, Chennai-600 006.

2.The Director of School Education, College Road, Nungambakkam, Chennai.

3.The Chief Educational Officer, Office of the CEO, Tirunelveli-9.

4.The District Educational Officer, Office of the CEO, Tenkasi, Tenkasi District-627 811.

5.The Chief Educational Officer, Tenkasi.

P.T.ASHA, J. abr Dated: 10.04.2023 (2/2)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.04.2023 CORAM: THE HONOURABLE MS.JUSTICE P.T.ASHA T.S.Kalyanasundar .. Petitioner Vs. 1.The Chair Person, Tamil Nadu Private Schools Fee Committee, D.P.I.Complex, Chennai-600 006. 2.The Director of School Education, College Road, Nungambakkam, Chennai. 3.The Chief Educational Officer, Office of the CEO, Tirunelveli-9. 4.The District Educational Officer, Office of the CEO, Tenkasi, Tenkasi District-627 811. 5.Ramasamy Pillai Higher Secondary School, Rep., by its Secretary, Ilanji, Via Tenkasi, Tenkasi District-627 805. 6.The Head Master, Ramasamy Pillai Higher Secondary School, Ilanji, Via Tenkasi, Tenkasi District-627 805. 7.The Chief Educational Officer, Tenkasi. .. Respondents [R7 – suo motu impleaded vide order dated 10.04.2023 in W.P.(MD) No.1564 of 2020] Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to regulate the school fee structures for the 5th respondent school and to refund the excess school fees collected from the students by the 5th respondent and initiate appropriate action against the 5th and the 6th respondents for not complying with the TamilNadu fee structures prescribed by the 1st respondent and other violations. For Petitioner : Mr.S.Kadarkarai For RR1 to 4 : Mr.M.Ramesh Government Advocate For RR5 & 6 : Mr.V.Meenakshi Sundaram