division benchof the Hon’ble High Court Madras directed the school to collect 75%fees for 2020-2021 academic year,and 85%for 2021-2022 from the previous year fees fixed i.e from 2019-2020 in respect of all schools who have not submitted records on time. Order passed by TRJ WP No 25162 of 2021 For Petitioner School P Ebenezer Paul Advocate.

by Sekar Reporter · Published April 11, 2022 · Updated April 11, 2022

Fee committee rejected applications as records were not submitted before 17-05-2021 as per fee committee circular.
The 17-05-2021 circular made by fee committee is unreasonable as there was 2nd wave of pandemic and supreme court has extended period of limitation. Hence the matter has to be remanded back. However since 3695 schools have not submitted records. In the interest of justice the division benchof the Hon’ble High Court Madras directed the school to collect 75%fees for 2020-2021 academic year,and 85%for 2021-2022 from the previous year fees fixed i.e from 2019-2020 in respect of all schools who have not submitted records on time.
Order passed by TRJ
WP No 25162 of 2021
For Petitioner School
P Ebenezer Paul Advocate.

N THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2022

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA and

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

W.P.No.25162/2021 and WMP.Nos.26526 and 26527/2021

ECI Nursery and Primary School

rep. by its Correspondent, Rev.Dr.K.S.Dhanaseelan, No.10, Dasarathapuram Main Road, Saligramam, Chennai-600 093.

School Code (0220160) … Petitioner

-vs-

1.The Government of Tamil Nadu rep. by its Principal Secretary,

School Education Department, Fort St. George, Chennai-600 009.

2.The Committee on Fixation of Fee in respect of Unaided Private Schools

rep. by its Special Officer, DPI Compound,

College Road, Chennai-600 006. … Respondents

Writ Petition filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the order of the 2^nd respondent passed in its

order dated 01.07.2021 and quash the same and direct the

respondents to permit the petitioner School to collect the fee already fixed for the academic year 2019-2020 till a fresh order is passed based on the representation dated 26.08.2021 fixing the fee for the

academic year 2021-2022.

For Petitioner : Mr.P.Ebenezer Paul

For Respondents : Mr.Stalin Abimanyu, AGP

ORDER

(Order of the Court was made by T.RAJA, J.)

Challenging the order of the 2^nd respondent dated 01.07.2021 and for quashing the same with a consequential direction to the respondents to permit the petitioner School to collect the fee already fixed for the academic year 2019-2020 till a fresh order is passed based on the representation dated 26.08.2021 fixing the fee for the

academic year 2021-2022.

Heard the learned Counsel on either side.
After some arguments, learned Counsels for both the

parties have come to a consensus that when this Court also in its order dated 30.07.2021 passed in W.P.No.8490/2021 etc. batch has issued a direction that the petitioners (School Management of the concerned Private Unaided School) shall collect 85% of the annual school fees (based on the fee fixed for the academic year 2019-2020) for the academic year 2020-2021 in six instalments from those students/parties such as State and Central Government Employees, Public Sector Undertakings, Professionals and Business People etc., who have not suffered loss of income during the pandemic period, provided, if they have conducted online classes, they are ready to

abide by the same.

At this stage, learned Counsel for the petitioner would

submit that the petitioner’s school also will collect 85% of the Annual School Fees for the academic year 2021-2022 in six instalments from those students/parties such as State and Central Government Employees, Public Sector Undertakings, Professionals and Business People etc., who have not suffered loss of income during the

pandemic period. He would further submit that for the academic year 2020-2021 although the petitioner school has not submitted his previous expenditure for the year 2019-2020, he is also prepared to

collect 75% of the fees as per the Circular issued by the Commissioner of School Education, Chennai for the academic year 2020-2021 in six instalments as that would give a quietus to both the parties.

Learned Additional Government Pleader appearing for the respondents would submit that as the petitioner has agreed to collect 85% of the Annual School Fee for the academic year 2021-2022 in six instalments from those students/parties such as State and Central Government Employees, Public Sector Undertakings, Professionals and Business People etc., who have not suffered loss of income during the pandemic period as per the Circular issued by the Commissioner of School Education, Chennai, and also 75% of the fees for the academic year 2020-2021, the petitioner school is permitted to collect the fees, namely, 85% for the academic year 2021-2022 and 75% for the academic year 2020-2021. It is applicable to those

parents who suffered loss of income during 2020-2021.