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2010 Supreme(Mad) 1675

H.L.GOKHALE, K.K.SASIDHARAN
Tamil Nadu Nursery Matriculation and Higher Secondary Schools Association (Regd. ), K. R. Nandakuma & Others – Appellant
Versus
The State of Tamil Nadu, rep. by the Principal Secretary, Department of School Education, Chennai & Others – Respondent


Advocates Appeared:
For the Appearing Parties:M. Venkatachalapathy, Senior Counsel, for .M. Sriram Advocate, K. Doraisamy, Senior Counsel for Muthumani Doraisami, Advocates, S. Silambannan, Senior Counsel for K. Sathish Advocate, M/s. PROFEXS Associates Advocate, N.R. Chandran, Senior Counsel for M/s. Paramasiva Doss, Advocate, R. Muthukumarasamy, Senior Counsel for V.P. Sengottuvel, N.M. Ramalingam, S. Senthil Nathan, Advocates, P. Wilson, Addl.Advocate General Assisted by G. Sankaran, Special Govt. Pleader(Education) & Dakshayni Reddy, Govt.Advocate.

Judgment :-

The Honourable Chief Justice Mr. H.L. Gokhale.

All these writ petitions, except one (i.e., W.P.No.112 of 2010), are filed by the unaided private school managements belonging either to the minorities or otherwise. They seek a declaration that the Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009 (Act 22 of 2009) (hereinafter referred to as ‘the Act’ in short) and the Tamil Nadu Schools (Regulation of Collection of Fee) Rules, 2009 (hereinafter referred to as ‘the Rules’ in short) are unconstitutional and violative of: -

(i) the right to establish and administer educational institutions, which right is guaranteed under Article 19 (1)(g),

(ii) the right to establish and maintain institutions for religious and charitable purposes, which is guaranteed under Article 26 of the Constitution of India, and

(iii) the right of the minorities to establish and administer educational institutions guaranteed under Article 30 of the Constitution of India.

These petitions thereafter seek to challenge the consequential proceedings initiated by the Director of Education including the direction dated 26th November, 2009 to issue the applications for admissions only during 01-05








































































































































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