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2012 DIGILAW 2150 (MAD)

State of Tamil Nadu v. Lakshmi Matriculation School

2012-05-09

R.BANUMATHI, S.VIMALA

body2012
Judgment :- (R.BANUMATHI, J.) 1. Apprehending that the order dated 03.05.2012 is likely to be misinterpreted and there is possibility that the schools other than the writ petitioner schools are likely to misinterpret the order to collect 15% hike in fees, Government has filed this petition seeking to further clarify the directions already issued by this Court in the Order dated 03.05.2012 made in W.P.No.8489 of 2011 etc., batch. 2. We have heard Mr.S.Venkatesh, learned Government Pleader and Mr.P.Sanjay Gandhi, learned Additional Government Pleader. There is no representation for the writ petitioner schools. 3. Considering the representations and urgency, we have taken up the matter. 4. In our Order dated 3.5.2012, in paragraph Nos.157 and 158, we made it clear that as per the interim arrangement only the writ petitioner schools covered under the order dated 03.05.2012 can collect 15% over and above the fees fixed by the School Fee Determination Committee for the academic year 2012-2013 and that 15% increase is subject to the final order to be passed by the Committee. We have also categorically made it clear that the interim arrangement was only for the writ petitioner schools and not for the other schools. The order dated 3.5.2012 including the names of the writ petitioner schools is also hosted in the High Court web site. 5. Considering the submissions of the learned Government Pleader and also the averments in the clarification petition, we also feel that the parents should be clearly informed that the interim arrangement of 15% increase in fee over and above the fee fixed by the Committee is only for the writ petitioner schools and not for the other schools. Even for the writ petitioner schools, the said 15% increase is subject to the final order to be passed by the School Fee Determination Committee. 6. To avoid any misinterpretation of the order dated 3.5.2012, it is clarified as under: (i) Only the writ petitioner schools covered under the order dated 03.05.2012 would be entitled to collect 15% fees over and above the fee fixed by the Committee and that it is only for the academic year 2012-2013. Writ petitioner Schools cannot seek to collect the said 15% increase for the previous academic years. Writ petitioner Schools cannot seek to collect the said 15% increase for the previous academic years. (ii) It is mandatory that the writ petitioner schools covered by the order dated 03.05.2012 should display in their notice boards the fee earlier fixed by the School Fee Determination Committee and the number of the writ petition and also revised fee to be collected in view of the order of the High Court (dated 3.5.2012), separately showing the amount payable towards 15% increase. Notice should also indicate that the said 15% increase is subject to the outcome of the final decision of the Committee. (iii) Receipt issued to the parents/students by the writ petitioner schools for the academic year 2012-2013 should also indicate separately the fee to be collected as per the Committee's original order and 15% increase over and above the fee earlier fixed by the Committee and also the total. The receipt also should indicate that 15% increase is subject to the outcome of the final decision of the Committee. (iv) The Government shall ensure that the notice board of the Offices of the District Educational Officer displays the names of the writ petitioner schools covered under the order of the High Court dated 03.05.2012. 7. If any school other than the writ petitioner schools collect higher fee, misinterpreting the order of the High Court, the Government/Education Department/School Fee Determination Committee is at liberty to take appropriate action against those erring schools in accordance with law. The Government/Education Department shall issue necessary circulars to all the Private Unaided Schools regarding this and ensure strict compliance. This order shall also form part of the order dated 03.05.2012. Accordingly, M.P.No.1 of 2012 is disposed of.