Judgment : R. BANUMATHI, J. 1. Main writ petitions - W.P.Nos.22391 and 22392, along with batch of writ petitions, were disposed of by this Court by judgment dated 21.09.2012, to which one of us (R. Banumathi, J.) was a member, holding that the provisions of Tamil Nadu Schools (Regulation and Collection of Fee) Act, 2009 are applicable to CBSE and ICSE Schools and all the writ petitions were dismissed. 2. The writ petitioners have filed these petitions seeking clarification that the 1st respondent shall take into consideration the guidelines given by this Court in W.P.No.16023 of 2011 etc., dated 3.5.2012 along with the CBSE norms. It is the contention of the writ petitioner that earlier they have filed objection before the School Fee Determination Committee mainly challenging the applicability of the Act to CBSE Schools and not on merits. In view of the dismissal of the writ petitions, now the writ petitioners pray that opportunity be given to them to go before the Committee to put forth their case on factual aspects. 3. Petitioners are represented by Mr. L. Muralikrishnan. On behalf of Respondents 1 and 2, we have heard Mr. P. Sanjay Gandhi, Additional Government Pleader and on behalf of 3rd respondent -Central Board of Secondary Education, we have heard Mr. G. Nagarajan. 4. Case of petitioners is that when they have filed objections before the School Fee Determination Committee under section 6(3) of the said Act, the petitioner schools mainly raised the question only regarding the applicability of the provisions of the Act 22 of 2009. They did not furnish the comprehensive details regarding the expenditure of the petitioner schools and therefore, the Committee fixed the fee based on the incomplete materials furnished by the petitioner schools. 5. Learned Additional Government Pleader fairly submitted that the matters could be remitted to the Schools Fee Determination Committee only insofar as the writ petitioner schools for limited purpose of considering the matter afresh on factual aspects. 6. While dealing with batch of Writ Petitions, in judgment dated 21.09.2012, this Court has mainly gone into the question of applicability of the provisions of Act No.22 of 2009 to CBSE Schools and held that the provisions of Act 22 of 2009 are applicable to CBSE Schools. 6. While dealing with batch of Writ Petitions, in judgment dated 21.09.2012, this Court has mainly gone into the question of applicability of the provisions of Act No.22 of 2009 to CBSE Schools and held that the provisions of Act 22 of 2009 are applicable to CBSE Schools. In the said judgment, it was categorically held that in respect of CBSE Schools, the Committee shall examine whether fees collected by CBSE schools is in commensurate with the facilities provided by CBSC Schools and while so fixing, the Committee shall keep in view the parameters in Sections 3(3) and 7(3) of the Act. 7. In the additional affidavit filed by the writ petitioner schools, it is stated that the writ petitioner schools decided not to go on appeal against the said judgment dated 21.9.2012. It is submitted that when batch of writ petitions were heard, no arguments were advanced on factual aspects and hence now the writ petitioner schools may be given an opportunity to go before the Committee for fixation of fee for the academic year 2012-13. 8. We find much force in the submission of the learned counsel for the petitioner. While considering the batch of writ petitions, this Court has not elaborately gone into the factual aspects of the matter and the actual expenditure of the writ petitioner schools and the fee fixed by the Schools Fee Determination Committee. Since the writ petitioner school also focused its attention mainly on the applicability of the provisions of Act 22 of 2009 to the petitioner school, they did not advance arguments upon the factual details, like expenditure and the fee structure fixed by the Committee. 9. The learned counsel for writ petitioner schools submitted that in W.P.No.22391 of 2012, the Committee has considered the total expenditure of the school as Rs.1,85,38,276/- and in W.P.No.22392 of 2012, the Committee has considered total expenditure of the school as Rs.2,13,73,821/-, which is much less than the actual expenditure incurred by the schools and the actual expenditure incurred by the schools was not taken into consideration by the Committee and the financial commitments of the writ petitioner schools to the revised pay to teaching and non-teaching staff as per VI Pay Commission, E.P.F. Contribution and other statutory allowances payable to the employees. It is also submitted that the expenditure incurred by the schools towards maintenance and other expenditure were not taken into account. It is also submitted that the expenditure incurred by the schools towards maintenance and other expenditure were not taken into account. The learned counsel would further submit that if the fee is to be collected based on the fee structure fixed by the Committee there would be a lot of deficit in running the schools and prayed that the matter be remitted back to the Committee for consideration of the matter afresh in the light of the guidelines in the judgment of this Court dated 3.5.2012 and also the observations in the judgment dated 21.9.2012. 10. The impugned orders of the Schools Fee Determination Committee dated 27.05.2011 in respect of writ petitioner in W.P.No.22391 of 2012 and dated 3.6.2011 in respect of the writ petitioner in W.P.No.22392 of 2012 are set aside and the matters are remitted back to the Private Schools Fee Determination Committee so far as the writ petitioners are concerned and these petitions are allowed. The Committee shall afford opportunity to the Writ Petitioner Schools to submit further materials in support of their contention and also to afford personal hearing to the petitioner schools and fix the fees in accordance with the observations made by this Court in judgment dated 21.09.2012 pertaining to CBSE Schools and also the guidelines in the judgment dated 03.05.2012. The Committee shall pass final orders preferably by 15th of March, 2013.