School fees case full order –DATED: 17.07.2020 CORAM: THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH W.P.Nos.9295,9301,9331,9092,8825,8789,8829,8492,8490,8491,8732, 8733, 8836,8840,8841,8850,9017, 8951,9144,9148,9152, 9049,9052,9055,9070,9071,9093,9067,9073,9089,9091,9063,9066 & 9274 of 2020 N . ANAND VENKATESH, J., [OPERATIVE PORTION OF THE ORDER] This Court has carefully considered the submissions made
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.07.2020
CORAM:
THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH
W.P.Nos.9295,9301,9331,9092,8825,8789,8829,8492,8490,8491,8732,
8733, 8836,8840,8841,8850,9017, 8951,9144,9148,9152,
9049,9052,9055,9070,9071,9093,9067,9073,9089,9091,9063,9066 &
9274 of 2020
N . ANAND VENKATESH, J.,
[OPERATIVE PORTION OF THE ORDER]
This Court has carefully considered the submissions made
on either side and the materials available on record.
2.The Covid 2019 Pandemic has posed huge challenges to
the entire human kind all over the world. All the Governments are
grappling to handle the situation and every day new challenges stares at
the face of the State and Central Government. In the present situation,
many decisions which seems to be right at the time when it is taken goes
completely wrong at a later point of time. This is due to the fact that
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5.The affidavit of the 3rd respondent has suggested that 75%
of the tuition fee for the academic year 2020-2021 can be collected in
three instalments. The 2
nd instalment of 25% is made payable after the
opening of the the institutions. This Court does not find any visibility
of the institutions reopening and conducting physical classes in the near
future. Therefore, this Court finds force in the submissions made by the
counsel representing the petitioners that the initial percentage of the
payment of tuition fee must be increased.
6.Taking into consideration, the present situation and in
order to find an interim solution to clear the logjam and in order to
balance the interest of all the stakeholders, the following directions are
issued to the respondents:
[a] This interim order passed by this Court will apply to all
unaided private institutions across the State of Tamil Nadu.
[b] The unaided private institutions shall collect 40% of the
tuition fees as an advance fees based on the tuition fees collected during
the academic year 2019-2020. This advance fee shall be paid by the
students on or before 31.08.2020.
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[c] The unaided private institutions shall also collect the
arrears of fees payable for the academic year 2019-2020 and this arrears
fees shall be paid on or before 30.09.2020.
[d] If any student has already paid the entire fees including
arrears, the same shall not be a ground to claim for refund of the fees.
[e] The balance of 35% of the fees based on the tuition fees
collected for the academic year 2019-2020, shall be collected within a
period of two months from the date on which the institution is reopened
and physical classes commences.
[f] The fee Committee shall immediately start the process of
the determining the tuition fees for the respective institutions and make
an attempt to complete the process within a period of eight months
starting from August 2020 onwards.
[g] The payment of balance if any, shall be determined after
the final decision of the fee Committee.
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[h] The directions given to the fee Committee will not in any
way prejudice to the rights of the institutions which have already
challenged the jurisdiction of the determination of the fees and which
are pending before this Court and the Hon’ble Supreme Court.
[i] The teaching and non teaching staff shall not insist for
any increment in salary and/or DA, until the restoration of normalcy and
further orders of this Court.
[j] The State Government is directed to immediately take
into consideration the request made by the institutions to supply text
books and note books to the students either free of cost or at some
nominal rates. For this purpose, the State Government can also get the
particulars from the respective Schools regarding the students who are in
dire straits and it can also be confined to those students. This direction is
issued purely in the interest of the students who should not be deprived
of education due to their inability to purchase text books and note books.
This Court is confident that the State Government will come up with a
positive response in this regard.
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[k] The above directions are issued without prejudice to the
rights of the petitioners to argue the writ petitions on all the grounds
raised by them in their respective writ petitions.
Post all these cases on 05.10.2020.
17.07.2020
Index: Yes / No
Internet : Yes /No
KP
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