https://timesofindia.indiatimes.com/city/chennai/pil-despite-go-private-schools-ask-parents-to-pay-fees/articleshow/76489796.cms attached affidavit
IN THE HIGH COURT OF JUDICATURE AT MADRAS(Special Original Jurisdiction)
W.P.No. OF 2020
L.K.Charles Alexander
S/o.B.Lawrance Kannan,
No.27/1,Welcome colony,
Anna Nagar west,
Chennai-600 101. …Petitioner
-Vs-
1] The Secretary to Government
Government of India,
Ministry of Home Affairs,
North Block,
New Delhi-110 001.
1] The Secretary to Government
Government of India,
Ministry of Human Resources,
North Block,
New Delhi-110 001.
2] The Chairman
All India Council for Technical Education,
Nelson Mandela Marg,
Vasanth Kunj,
New Delhi-110070.
2] The Director
All India Council for Technical Education,
AICTE – Southern Regional Office,
‘Shastri Bhavan’, 26, Haddows Road,
Nungambakkam, Chennai – 600 006
2] The Principal Secretary to the Government
Higher Education Department,
Tamilnadu,
9th Floor, E.V.K Sampath Buildings,
College Road, Chennai.
3] The Secretary to the Government
Government of Tamil Nadu,
Fort.St.George,
Secretariat,
Chennai-600 009.
4] The Chief Secretary to the Government
Government of Tamil Nadu,
Fort.St.George,
Secretariat,
Chennai-600 009.
5] The Secretary to the Government
Government of Tamil Nadu,
Revenue & Disaster Management Department,
Fort.St.George,
Secretariat,
Chennai-600 009.
7] The Registrar
Dr.Ambedkar Law University,
Greenways Road,
Chennai-600 028.
8] The Principal,
Saveetha School Of Law,
No.162, Poonamalee High Road,
Velappanchavadi,
Chennai.600 077
…Respondents
AFFIDAVIT OF THE PETITIONER
I, L.K.Charles Alexander, son of B.Lawrence Kannan, Christian, aged about 40 years, residing at No.27/1, Welcome Colony, AnnaNagar West, Chennai-600 101, do hereby solemnly affirm and sincerely state as follows.
1] I am the petitioner herein and as such I know the facts and circumstances of the case.
2] I humbly submit that I am the Practicing Lawyer before this Hon’ble Court and also in various court in Chennai City and I am having my office at Door.27/1, Welcome Colony, Anna Nagar (West), Chennai-600 101. I have enrolled with the Bar Council of Tamil Nadu and Puducherry and my Enrollment Number is E.No.253 of 2015. After the said Enrollment I have practiced as Junior with my Senior up to the year, 2018 and thereafter, I have started my independent practice by attending various cases in all courts in Chennai City.
3] I state that for the past five months, the entire world is affected by Novel Corona Virus (Hereinafter it is called as COVID-19) and the said Virus killed the somany lives in the entire world. The said Coronavirus Disease-2019 is potentially acute respiratory infection caused by severe acute respiratory syndrome Coronavirus 2(SARS-CoV-2). The said virus was identified as the cause of an outbreak of pneumonia of unknown cause in Wuhan City, Hubei Province, China, in December, 2019. The clinical presentation is that of a respiratory infection with a symptom severity ranging from a mild common cold-like illness, to a severe viral pneumonia leading to acute respiratory distress syndrome that is potentially fatal. In this regard, the Infection Prevention and Control Standard Operating Procedure was laid by the Hospital Infection Control Committee, JIPMER i.e., how to prevent the said Disease and also about how to prevent the said Virus from spreading to others i.e., person to person.
4] I state that the said COVID-19 Virus will be transmitted from person -to-person through the Droplet, Contact and Airborne transmissions. The droplet transmission means that Respiratory droplets produced when the infected person coughs or sneezes can infect the persons (by seeding on their mouths, noses, or eyes) who are within 1meter distance. The said droplet transmission can be prevented by using Surgical Mask. The Contact Transmission is that Respiratory droplets settles down on floor and surface, inanimate objects. Any one at a later stage, when touches the floor, surfaces, door handles, inanimate objects etc., and touch face (Nose, Mouth and Eyes), virus can easily spread. The said Contact Transmission can be prevented only by Hand Hygiene. Now our country is in the midst of an unprecedented outbreak of Covid-19 and the entire peoples of our country are also under great humiliation at present. The Hon’ble Prime Minister has also declared for lockdown of entire Country to prevent the infected Disease of COVID-19 to the peoples. The Hon’ble Chief Minister of Tamil Nadu has also declared lockdown from 24.03.2020 and the same has been extended to till June 30th of 2020.
5] I state that it is the fact that the entire peoples have not gone for their employment which is the main source of income for their livelihood during the present lockdown period which was ordered by the both Central and State Government. It is also fact that several persons are doing self business by running shops, entertainment, Fitness Studios, Xerox Shops and etc., as various shops which are classified by State Government by its Notification dated 10.05.2020. In the above said entire businesses have been closed from 24.03.2020 to till 01.06.2020 and the several business have not been opened till date due to the present Covid-19 Pandemic viral spread. The entire private business have been suffered due to lockdown and the employees who are employed in the private business have no employment during the said lockdown period and suffering lot without income and the central government and the State Government with certain restrictions relaxed the lockdown from 01/06/2020 but the increase of numbers of patient due to Covid-19 is day today climbing peak and every were in Chennai we are able to see the pandemic situation and increasing number of Covid-19 patients Home Secretary had issued an letter stating the Ministry of Home affairs Order D.O.No.40-3/2020-DM-I(A)referring about unlock 1 and the order of the MHA clearly stated as follows:-“Whereas, in exercise of the powers under section 6(2)(i) of the disaster Management Act, 2005, National Disaster management Authority (NMDA)has directed the undersigned to issue an order to extend the lockdown in containment Zones up to 30.06.2020, and to reopen prohibited activities in a phased Manner in areas outside containment zones; And the central government guidelines clearly states as follows:-
- Phase re- opening of areas outside the Containment Zones
Phase II . Schools, Colleges, educational /training /coaching institutions etc., will be reopened after consultations with the states and UTs. The state Governments/ UT administrations may hold consultations at the institution level with parents and other stake holders. Based on the feedback, a decision on the reopening of these institutions will be taken in the month of July, 2020
MoHFW will prepare SOP in this regard, in consultation with the Central Ministers/Departments concerned and other stakeholders, for ensuring social distancing and to contain the spread of COVID-19
0] I submit that by considering the pandemic situations and the livelihood of the public the central government in their guidelines directed all the states to follow the rules in No.40-3/2020-DM-1(A) dated 29.03.2020. But those orders of both Central and State Government have not implemented properly and the parents are getting frequent messages from the college and schools to pay their fee and dues as early as possible but due to the lockdown entire people have financial crisis and they are in a critical situation how to stand against the Covid-19 pandemic. But the private schools and colleges without considering the Covid-19 Pandemic situation, all Schools and Colleges are pressurizing the Parents of the students and they have threatening the parents to pay their fees at a stipulated time.
0] I submit that the said entire action of the said Schools and Colleges are illegal and improper and the same is against the Tamil Nadu state government of order through REVENUE AND DISASTER MANAGEMENT DEPARTMENT , Disaster Management Wing, DM II dated 20.04.2020 vide G.O.(Ms)No.199 Section and it clearly states as follows;
“In GO.Ms.No.193, Revenue & Disaster Management (DMII)Department dated 15.04.2020,Government have extended the restrictions in the territorial jurisdictions of the state to contain the spread of COVID-19 UNDER THE Disaster Management Act
2.It is brought to the notice to the Government that some of the Private Colleges/ Schools demanding fee from parents during this period of lockdown.
- The Government after careful consideration direct that all Private Colleges/ schools in the state not to compel students or parents to pay the fee for the next academic year 2020-21 or the pending dues for the academic year 2019-20 or levy any penalty for any delay, during this lockdown period, under Disaster Management Act 2005”.
0] I submit that All India Council For Technical Education a statutory body of the Government of India and issued guidelines by their letter dated 15th April 2020 vide No.F.7-2/DD/Admn/Inter corr.(Vol.-II)Pt and issued clear instructions to institutes/colleges during lockdown 2.0 ensuring safety precautions during the threat posed by covid-19, would be fundamental responsibility of all citizens of India, during this hour of crisis and the institution and colleges have onerous responsibility of safeguarding the health and associated interest of all stakeholders of their respective colleges/institutions and guidelines have been issued by AICTE( ALL INDIA COUNCIL FOR TECHNICAL EDUCATION) for strict compliance by all Colleges/ institutions and the instructions of the AICTE are as follows; - Payment of Fees: it has come to Knowledge Of AICTE, that certain standalone institutions are insisting that students should pay the fees, including admission fees, during the lockdown. It is clarified that colleges / Institutions should not insist on payment of fees till the ongoing lockdown is lifted and normalcy is restored. Further guidelines in this regard communicating the revised timelines will be issued by the AICTE in due course. Accordingly, all the colleges/ Institutions are directed to display this information on their website and also communicate the same to the students through e-mail, but the above said guidelines were not followed by any of the Institutions/ colleges.
0] I state that the University Grants Commission also issued a notification on 27th May 2020 vide No. D.O.No.F.1-1/2020/UGC(TF-COVID-19/fee) stating that grievance have been received from the students and parents stating that universities and colleges are insisting upon immediate payment of annual/semester tuition fee, examination fee, etc and it has been represented that due to the financial hardship being faced due to the lockdown, they are not in a position to make payment of fee and the university Grant Commission has requested all the university and colleges in the country in view of prevailing extra-ordinary difficult circumstances to consider the matter regarding payment of annual/semester fee, tuition fee, examination fee, etc. Sympathetically and if feasible, May consider offering alternative payment options to students till the situation returns normal. If need be, the universities and colleges may also consider individual request from students, received if any, concerning payment of fee, in a considerate manner due to the Covid-19 pandemic situation but the colleges and universities are not following the instructions of the UGC but still continues to pressure the students and parents to pay the fees and dues in stipulated time.
8] I submit that the private schools and colleges all over state are collecting huge money from the parents as fees and monthly fees are collected monthly and three months once double fees are collected which are all unaccountable but during the lockdown period the schools are not considering the pandemic situation and the hard ship of the parents and their income and at present all the private schools having their own website. It is pertinent to note that we cannot find the fee structure in their respective website we can only see their infrastructure and their development.
0] I submit that all these days it was tolerated by the parents but now the whole world is affected by the Covid-19 pandemic and the economy is becoming worst although the superior countries are struggling for their existence and in India as on 12.06.2020 14.27 GMT total number of corona affected cases are 301,579 (Three Lakh One Thousand Five Hundred And Seventy Nine Only) and total confirmed death are 8,553 (Eight Thousand Five Hundred and Fifty Three Only) whereas in Tamilnadu as on 12.06.2020 the total number of Corona Cases are 40,698 (Forty Thousand Six Hundred And Ninety Eight Only) specifically in Chennai alone the count is 27,398 (Twenty Seven Thousand Three Hundred And Ninety Eight Only) the corona statistics is increasing 1000 and above in number from the starting of June 2020 and the government has relaxed the lockdown with certain guidelines in containment zones but the increase in number of corona cases still makes the people panic and it is very hard to come to the normalcy and pay the school/colleges fee as insisted by the institutions namely Schools and Colleges.
0] I state that during the Lockdown Period, entire livelihood of the public have gone down and the State Government of Tamilnadu through its Revenue and disaster management department passed an Government order vide G.O.(Ms)No.199 dated 20.04.2020 quoting earlier G.O. M.S. No.193, Revenue and Disaster Management (DM-II), department dated 15.04.2020 but the private schools and private colleges are not following the order whenever the state government insist it to do and the websites of the private schools and the private colleges are not furnishing the fee structure in their website and this itself shows their attitude and cleverness before the pandemic situation the parents are suffering to pay the fee but any how they where managing and paid the fees whatever the institution or colleges asked but after the Covid-19 pandemic situations from March 2020 the income of all the classes of people have been affected vulnerably and no words to express the loss of income of the people till now and day today increase slab also making the people panic and mostly people are not coming forward to carry their works despite of the relaxations announced by the central and the state government.
0] I further state that it is pertinent to note that Government of Assam, Secondary Education Department had passed an order not to collect the fee during the Covid–19 pandemic and because the income of the citizens of State of Assam has been badly affected and they are not in a position to afford school fee till the lockdown period is over and the Assam State Government considered that there has to be fee concession for the students studying in these schools in any class from pre-primary to class XII during the lockdown period with effect from 1st April 2020 whereas as on 12/06/2020 only 3400 people have been affected by Covid-19 and only 8 deaths as 11.06.2020. The Government of Assam has strictly implemented the order and instructed the schools to collect 50% fees from the parents for the month of April 2020. Likewise the Government of Punjab had issued a notice to 38 private schools as they are demanding fees amid the Nationwide lockdown it has been announced that fees should not be collected by schools during lockdown period as no classes are taking place and no school resource are being used schools are set to remain closed till the nationwide lockdown is over. The above said show cause notice issued to the violators and they have been given a seven days period of time to file their reply against the said violation. The Punjab Government as said that if they are not giving satisfactory reply, we are going to cancel their affiliation or no objection certificate(NOC)and the schools should not take the transportation fees and books charges from the student for the next Academic session till the lockdown period is over and the schools in Punjab were directed to provide window period of at least 30 days for submission of fees after the situation gets normalized. The schools have also been directed not to charge any late fees or fine from the students for this period.
11] I submit that the Delhi Government has issued instructions vide its order F.No.PS/DE/2020/55 dated 18.04.2020 had also mentioned the situation as war -like situation has arisen due to the Spread of COVID-19 and stated that schools have increased the fee in the academic session 2020-2021 without taking cognizance of the prevailing situations in of the announcement of lockdown by the Central Government and also despite the enforcement of Disaster Management Act,2005, the Delhi Epidemic diseases, COVID-19 regulations, 2020 and under the Epidemic Disease Act,1897 for the prevention and containment of COVID-19 and also without compliance of Delhi school education Act 1973. It is further narrated that some schools have increased the fee without seeking the approval from the school Education Department. It is pertinent to note that some of the schools are not providing ID & password to the students/ parents so as to access the online learning activities/ classes who are unable to pay the school fee due to the financial crisis on closure of business hat due to the early closure of schools in the wake of COVID-19 and thereafter due to announcement of lockdown, the expenditure on co-curricular activities, sports activities, transportation, other development related activities etc is almost nil and whereas the tuition fee and annual fee charged from the students, cover all the expenditure to be incurred on salary establishments and curricular activities and co-curricular activities. - I state that all the orders passed by the central government and the state government during the Covid-19 Pandemic was passed based on the powers conferred under the provisions of Sec.10 (2) (1) of Disaster Management Act, 2005. The Central Government and State Governments have huge power to safe guard the welfare of the general public during the disaster time. It is pertinent to that the present Nation-wide lockdown has been extended from time to time and as on today said lockdown is extended up to June 2020. The general public have no employment during the lockdown period and they don’t have any income for more than 85 days due to which they are unable to fulfill their day to day needs and several persons are suffering without any food, shelter and etc and it is pertinent that all kind of works have been stopped in doing the same and normally the general public who are going daily wages, weekly wages and monthly wages have lost all their earnings. It is very difficult for them to take food sufficiently and not only employee suffered along with their entire families i.e., aged parents, wife and children are jointly suffering even for the food and etc.,. Under those circumstances, it is Constitutional mandatory duties of the respondents to take care of the welfare of the general public by implementing the entire provisions of the Disaster Management Act, 2005 to safe guard the people of the country. 13] I submit that the State Government has also issue a G.O.No.199 dated 20.04.2020 was issued by directing all the private colleges and schools in the state not to compel students or parents to pay the fee for the next academic year 2020-2021 or the pending dues for the academic year 2019-2021 or levy any penalty for any delay, during this lockdown period. But whenever the central government and the state government issuing order those orders are not strictly implemented by both Central and State Government and still plenty of private colleges and schools are collecting demanding fee and pressurizing the parents during this lockdown period without following the said orders of the Central and State. It is pertinent to note that HRD minister had also opined that even in this time of crisis many schools are increasing their annual fee and lot of schools are asking the parents to deposit the school fee for 3 months together and requested the schools to join hands in the fight against corona virus, empathize with the parents amid this global disaster and reconsider their decision. The Central Government has passed an order dated 29.03.2020 about nationwide lockdown and the State Government has passed an order on 20.04.2020 by directing all the schools not to collect the fee during this COVID-19 Pandemic but more than 80 days and the said lockdown is continued till now due to pandemic COVID-19. Therefore, the schools and colleges should not collect fee from the parent during this lock down period i.e. the schools and colleges remained closed from march 23 till now and no activities are found out during this period and everything remained closed in all the school and college premises all over the state. It is pertinent to note that none of the schools have stopped their collection of fee as per the said Government Orders and those orders have not at all implement by the State Government by taking serious action against the private colleges and private schools and institution. Even though some of the persons have given complaints about collection of fee during the Covid-19 pandemic situation those complaints have not registered and never taken any action on the same. Therefore, being one of the general public I made detailed representation on 08.06.2020 to the respondents 2 to 8 by seeking action by issuing appropriate order by directing all the private schools in the State of Tamil Nadu not to collect the Fee for the lock down period of three months with additional period of three months (as of now all the private schools are collecting monthly fees every month and double fees once in three months) and private colleges not to collect the tuition fee for 2020-21 for six months by considering natural disaster situation of COVID-19 Pandemic and also lockdown period and to direct the respondents 2 to 8 to take necessary steps to display the fee structure in all the school and college websites to make visible to the general public all the time. The respondents 2 to 8 have received my representation on 15.05.2020 and 16.05.2020 but no action was taken on my representation to till date. 14] I submit that in the State of Punjab, U.T of Delhi and Assam, Maharastra governments and etc. has clearly issued instructions to the private colleges and schools about the collection of fee during the pandemic situation and the private schools and private colleges they should not collect the fee during the period of lockdown. If the private schools and colleges are trying collect fee the above said governments had warned that appropriate action will be taken as against those demanding the fees based on the Disaster Management Act 2005 that in the Union Territory of Delhi, the Government of Delhi has declared that the Government will pay the monthly rents for the Tenants based on the provisions of the Disaster Management Act, 2005. Further, the Delhi Government has ordered that not to harass the parents by demanding if they are not paying the fee Several States in India have followed the order of the 1st respondent and issued appropriate orders by directing private schools and colleges not to collect the fee during COVID-19 pandemic. 15] I submit due to the lockdown, markets, businesses, factories, transportation and overall financial transactions are collapsed. This has also affected the employment of the general public, and many parents and children have been left without any livelihood. Thousands of parents are not able to pay regular rent to their houses because their paying capacity has exhausted. A lot of people are facing economic hardships as a result of the Covid-19 pandemic and it will be difficult for the parents to pay fee in future also until the restoration of normalcy. Therefore, the private schools and private colleges can postpone the collection of fee for at least six months since the lockdown periods have been extended from time to time from 24.03.2020 to till date i.e., more than 80 days. The 1st respondent has extended the Nation vide Lockdown period till 31.06.2020 to get over the Covid-19 Pandemic which is totally comes for 100 days. 16] I submit that recently, Saveetha College of law in Chennai has frequently sending messages to the students to pay the fee in stipulated time in their portal without considering the prevailing Pandemic Situation and many schools like Sethu Baskara Higher secondary school in Ambattur, Maharishi Vidhya mandir in Irunkattukottai, Padma sheshadri schools in Chennai and many other schools have started sending messages to the parents to pay the fee through their portal and it is pertinent to note that none of the private schools and colleges in Tamilnadu are not displaying their fee structure in the website because the fee are very high and irrelevant and contrary to the state Government rules From the above said incidents, the State Government has not implemented the 1st Respondent Order in No.40-3/2020-DM-1(A) dated 29.03.2020 Though the 2nd 3rd 4th 5th 6th respondent has passed the G.O.(D)No.199, Revenue & Disaster Management (DM-II) Department dated 20.04.2020, but no appropriate action was taken to implement the said G.O., to till date and everything remaining as oral announcements. 17] I submit that as on today all the private schools and private colleges always compelling and insisting the parents to pay the fee whereas the parents are struggling to pay their monthly rents for the tenanted premises despite of the orders of the 1st Respondent Order in No.40-3/2020-DM-1(A) dated 29.03.2020 and also despite of the orders passed by the 2nd respondent has passed the G.O.(D)No.199, Revenue & Disaster Management (DM-II) Department, dated 20.04.2020. Since the all business men, worker, employees and laborers have lost the employment due to the nationwide lockdown on the crisis of COVID-19 Pandemic and they don’t have any other means to pay since they no income all these days i.e., more than 85 days. Even whatever they had money and they already used the same during all these lockdown periods for their day to day food and for basic needs. Under those circumstances, it is mandatory duty cast upon the Central and State Government to implement necessary orders by executing the same with widen manner by directing the all government departments and police department to ensure that six month fee should not be collected by the private schools and one year fees should not be collected by the private colleges in any event from the respective parents. The Central and State Government should ensure that their orders should published in every police stations and required places by informing that the respective private schools and private colleges . It is pertinent to note that even though the Central and State Government have passed the orders by directing the private schools and private colleges should not collect the fee during the Covid-19 pandemic situation and the same have not been published in an proper manner which leads the parents to pay the fee to the private schools and colleges even though they don’t money for their day to day food and basic needs. Under these circumstances, I made a representation dated 08.06.2020 to the respondents 2 to 8 and the respondents have received the said representation on 15.05.2020. After receipt of the said representation, the respondents have not taken any action to till date. 18] I submit that if the private colleges and private schools are allowed to collect fee from the parents it would be a major burden to the general public will come out for searching jobs and in such event, there is every possibilities of spreading of COVID-19 Virus. As per the provisions of the Disaster Management Act, 2005 and also under the Provisions of the Epidemic Diseases Act and also under the Epidemic Diseases (Amendment) Ordinance, 2020, the Central and State Government have huge and enormous powers to regulate everything including to protect the every persons from spreading the epidemic disease. But the respondents have not at all acted under the Constitution of India, Disaster Management Act, 2005 and also under the Provisions of the Epidemic Diseases Act and also under the Epidemic Diseases (Amendment) Ordinance, 2020 by directing all the private colleges not to collect the fee for 2020-2021 academic year and private schools not to collect the fee for six months until everythings comes to normalcy by considering the present Covid-19 Pandemic Crisis which is continued for more than 85 days.
0] I submit that in the month of April 2020 Covid-19 and human rights article was released by the united nations the High Commissioner for Human Rights of United Nations which worried and asked to ensure the states to income security and targeted social assistance for the most marginalized or vulnerable In spite of all these significant efforts, more needs to be done as the human tragedy continues to unfold before our eyes. Therefore, the Special Measures should also take into account the particular situation of people, who are among those most economically vulnerable and impacted by the situation Even the World Health Organization has declared that the highest attainable standard of heath as fundamental right of every human being. Understanding the health as a human right creates legal obligations on the State to ensure access to timely, acceptable and affordable health care of appropriate quality as well as to providing for the underlying determinants of health, such as safe and potable water, sanitation, food, housing health related information and education. But the both Government has not given much importance to the education during the Covid-19 Pandemic diseases crisis. Since the respondents have not acted as per the Constitution of India, Disaster Management Act, 2005 and also under the Provisions of the Epidemic Diseases Act and also under the Epidemic Diseases (Amendment) Ordinance, 2020 by issuing necessary directions and also publishing the above said orders of the 1st Respondent Order in No.40-3/2020-DM-1(A) dated 29.03.2020 and also the orders passed by the 2nd respondent has passed the G.O.(D)No.199, Revenue & Disaster Management (DM-II) Department, dated 20.04.2020 to wide publication and to ensure the fee structure of the private schools and colleges to be visible in their website for general public Therefore, I am approaching this Hon’ble Court under Article 226 of the Constitution of India for the following among other Grounds:-
GROUNDS
1] The right to live is protected for every persons under the Constitution of India and the same can be protected by providing income security and targeted social assistance for the most marginalized or vulnerable. Therefore, the Central and State Government have got mandatory obligations to secure the people during Covid-19 Pandemic Crisis.
2] Under the Constitution of India, Disaster Management Act, 2005 and also under the Provisions of the Epidemic Diseases Act and also under the Epidemic Diseases (Amendment) Ordinance, 2020 and also as per the Guidelines of WHO, and UNITED NATIONS the Respondents have got mandatory duty by not collecting the fees of Schools and Colleges.
3] No person should not be suffer for paying the private school fees and college fees during the period of lockdown and the Government cannot be a spectator by seeing the atrocities of the private college and private school in collecting the fee in spite of orders passed by the 1st Respondent in No.40-3/2020-DM-1(A) dated 29.03.2020 and also inspite of the orders passed by the 2nd respondent has passed the G.O.(D)No.199, Revenue & Disaster Management (DM-II) Department, dated 20.04.2020.
5] The orders of the 1st Respondent Order in No.40-3/2020-DM-1(A) dated 29.03.2020 and the orders passed by the 2nd respondent has passed the G.O.(D)No.199, Revenue & Disaster Management (DM-II) Department, dated 20.04.2020 are only in paper form and not a executable one and there is every necessity arises for this Hon’ble Court to issue appropriate directions.
0] I submit that even though the orders have been passed by of the 1st Respondent Order in No.40-3/2020-DM-1(A) dated 29.03.2020 and the orders passed by the 2nd respondent has passed the G.O.(D)No.199, Revenue & Disaster Management (DM-II) Department, dated 20.04.2020 and the same have not been made wide publish and the fee structure of the schools are to be visible in their websites is necessary to the General Public and it has to be carried through the every police station. Therefore, there is every necessity arises for this Hon’ble Court directing the respondents to publish the orders of 1st Respondent Order in No.40-3/2020-DM-1(A) dated 29.03.2020 and the orders passed by the 2nd respondent has passed the G.O.(D)No.199, Revenue & Disaster Management (DM-II) Department, dated 20.04.2020 through the Revenue Officials and Police officials throughout Tamil Nadu, pending disposal of the writ petition, otherwise said orders cannot be implemented in the near future and all the private colleges and private schools will continue to collect the fee from the parents.
For the reasons stated above, it is humbly prayed that this Hon’ble Court may be pleased to direct the respondents 1 and …………to take appropriate action against the concerned Private Colleges and Private Schools for collecting the fees during period Covid-19 and direct all the Private Colleges and Schools to follow the orders of 1st Respondent Order in No.40-3/2020-DM-1(A) dated 29.03.2020 and the orders passed by the 2nd respondent has passed the G.O.(D)No.199, Revenue & Disaster Management (DM-II) Department, dated 20.04.2020 through the Revenue Officials and Police officials throughout Tamil Nadu, pending disposal of the writ petition and thus render justice.
For the reasons stated above, it is humbly prayed that this Hon’ble Court may be pleased to issue a WRIT OF MANDAMUS, or any other writ, order or direction, directing the respondents 1,………. to take appropriate action against the concerned Private Colleges and Private Schools who are all insisting the payment of fees or for collecting the fees during period Covid-19 and direct all the Private Colleges and Schools to follow the orders of 1st Respondent Order in No.40-3/2020-DM-1(A) dated 29.03.2020 and the orders passed by the 2nd respondent has passed the G.O.(D)No.199, Revenue & Disaster Management (DM-II) Department, dated 20.04.2020 in the entire State of Tamil Nadu not to collect the (Schools) six months fee colleges 2020-21 fees until normalcy restored by considering the epidemic diseases situation i.e., COVID-19 Pandemic Crisis by implementing the provisions of the Disaster Management Act, 2005 and pass such further or other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and thus render justice.Solemnly affirmed at Chennai ||
This the day of June, 2020 || BEFOREME
And signed his name in my presence ||
ADVOCATE : CHENNAI
