Judgment :- R. SUBBIAH, J. 1. Writ Petitioner School, which is a Recognized Private School, has filed this writ petition challenging the order dated 03.06.2011 passed by Private 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). 2. Writ Petitioner School is run by a Minority Educational Trust (Religious Minority). Petitioner school has recognition for Classes L.K.G. to XII Standard. The total number of students studying in the Petitioner school is 1,449. 3. Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009 was enacted on 07.08.2009. Tamil Nadu Schools (Regulation of Collection of Fee) Rules, 2009 came into force on 07.12.2009. Validity of the Act and the Rules (except Section 11 of the Act and Rules 4(4) and 4(5) of the Rules) was upheld in Tamil Nadu Nursery, Matriculation and Higher Secondary Schools Association Vs. The State of Tamil Nadu and others, reported in ( 2010 (4) CTC 353 ). 4. By G.O.(Ms) No.320, School Education Department, dated 07.12.2009, Government constituted a School Fee Determination Committee under the Chairmanship of Justice K.Govindarajan, a retired Judge of this Court and the Committee prepared questionnaire and sent the same to the private schools through the Chief Educational Officer. To the said questionnaire, the Writ Petitioner school sent its response. After considering the response, order was passed by the Fee Determination Committee fixing the fee to be collected for the years 2010-11 to 2012-13. 5. A batch of Writ Petitions came to be filed challenging the order of the Committee dated 07.05.2010 and the press release. By the order dated 14.09.2010 in M.P.No.2 of 2010 in W.P.No.18854 of 2010, the single Judge of this Court passed an interim order restraining the State Government from enforcing the order of Fee Fixation Committee for the academic year 2010-2011. The said order of the single Judge was challenged in W.A.Nos.2035 of 2010 etc. batch. By the order dated 05.10.2010, the First Bench of this Court disposed of the appeals in P.B.Prince Gajendra Babu Vs. The said order of the single Judge was challenged in W.A.Nos.2035 of 2010 etc. batch. By the order dated 05.10.2010, the First Bench of this Court disposed of the appeals in P.B.Prince Gajendra Babu Vs. Federation of Association of Private Schools in T.N. ( 2010 (5) CTC 721 ) interalia issuing directions directing the Committee to consider the objections of 6400 institutions by affording opportunity of personal hearing to the institutions to enable them to submit further materials for consideration of the Committee and thereafter pass individual orders by considering all the materials. The said order of First Bench was challenged in the Supreme Court by way of Special Leave Petition in Special Leave to Appeal (Civil) No.36589 to 36591 of 2010 and the same was dismissed by the Supreme Court on 16.12.2010. 6. Pursuant to the direction issued by the First Bench in 2010 (5) CTC 721 , fresh questionnaires were sent to the schools and the Writ Petitioner school has submitted its response along with fee proposed by them and also the supporting materials. The Committee headed by Justice K.Raviraja Pandian passed the impugned order dated 03.06.2011 fixing the fee structure for next three academic years i.e. 2010-11, 2011-12 and 2012-13. 7. On behalf of Writ Petitioner school, Mr.K.Selvaraj, learned Counsel has submitted that since the fees determined by the then Committee is very low and is not in commensurate with the expenditure incurred by the School, the petitioner school submitted a detailed objection to the 2nd respondent Committee. Though the Authorized Representative of the Petitioner School submitted the Income & Expenditure Statement of the Petitioner School for the year ended 31st March 2010 before the 2nd respondent and has categorically stated that the School has incurred an expenditure of Rs.1,47,27,076/- and also produced necessary documents to sustain their claim, the 2nd respondent Committee did not give any reasonable opportunity to the petitioner and did not consider the written objections of the petitioner, the Income and Expenditure statements and the oral submissions made by the Authorized Representative. Without application of mind and against the provisions of the Tamil Nadu schools (Regulation of Fee) Act, 2009 and the Rules made hereunder, the Committee has passed the impugned order dated 03.06.2011, refixing the fees to be collected per student per year, which is totally against the principles of natural justice and is against the decision of the Hon'ble Supreme Court in the case of "T.M.A.Pai Foundation" reported in 2002(8) SCC 481 . While re-fixing the fees, the 2nd respondent Committee did not verify whether the fee structure proposed by the petitioner school amounts to profiteering or charging exorbitant fee. The 2nd respondent has not provided for Development Fund at the rate of 15% on the annual fees fixed per student as per the decision of the Hon'ble Supreme Court in "Modern School" case reported in (2004) 5 SCC 584. 8. Drawing our attention to the order of this Court in W.P.No.8489 of 2012 etc. batch dated 03.5.2012, learned Counsel would submit that the order passed by the Committee in respect of similarly placed schools were set aside and the matters were remitted back to the Committee for re-determining the fee and the learned Counsel prayed that the impugned order be set aside and the matter be remitted back to the Committee to reconsider the matter afresh in the light of the guidelines issued in the said order dated 03.5.2012. However, the learned Counsel for Writ Petitioner has submitted that the present Writ Petition has been filed only on 07.05.2012 beyond the cut off date is not claiming benefit of interim arrangement granted in the earlier order dated 03.05.2012 in W.P.No.8489 of 2012 etc. batch. 9. We have heard Mr.A.Navaneethakrishnan, learned Advocate General appearing along with Mr.Sanjay Gandhi, learned Additional Government Pleader (Education) for Respondents. 10. In a batch of Writ Petitions [W.P.No.8489 of 2012 etc. batch, by the common order dated 03.05.2012 (one of us was a member Justice R.Banumathi), the orders passed by the Committee headed by Justice K.Raviraja Pandian were set aside and by framing certain guidelines, the matters were remitted back to the Committee for consideration of the matter afresh. The Writ Petitioner school is also similarly placed and therefore, the fee structure need to be re-determined in the light of those guidelines. 11. The operative portion of the order in W.P.No.8489 of 2012 etc. batch in LAKSHMI MATRICULATION SCHOOL VS. The Writ Petitioner school is also similarly placed and therefore, the fee structure need to be re-determined in the light of those guidelines. 11. The operative portion of the order in W.P.No.8489 of 2012 etc. batch in LAKSHMI MATRICULATION SCHOOL VS. STATE OF TAMIL NADU, THE SECRETARY TOGOVERNMENT, EDUCATION DEPARTMENT AND OTHERS, dated 03.05.2012 reads as follows:- "152. 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. 153. 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%. 154. 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." Considering the grounds raised in the Writ Petition, the earlier order dated 03.05.2012 in W.P.No.8489 of 2012 etc. batch. is applicable to the Writ Petitioner school also and setting aside the impugned order, this Writ Petition is remitted back to the Committee for consideration of the matter afresh, in the light of the guidelines in the said Order dated 03.05.2012. 12. In the result, the impugned order dated 03.06.2011 passed by Private Schools Fee Determination Committee is set aside and the Writ Petition is disposed of in terms of the earlier order dated 03.05.2012 in W.P.No.8489 of 2012 etc. batch. Consequently, connected Miscellaneous Petition is closed. However, there is no order as to costs.