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2013 Supreme(Mad) 805

R.BANUMATHI, K.K.SASIDHARAN
Leo Matriculation Higher Secondary School, rep. by its Executive Secretary Dr. G. Velmurugan – Appellant
Versus
Chair Person, Private Schools Fee Determination Committee – Respondent


Advocates Appeared:
For the Petitioner:V. Radhakrishnan, Senior Counsel for G. Nagarajan, Advocate.
For Respondents: P. Sanjay Gandhi, Addl. Government Pleader (Edn.)

JUDGMENT

R. BANUMATHI, J.

1. Whether the impugned order directing refund of excess fee collected by the Writ Petitioner school is without any basis and whether there was violation of principles of natural justice are the points falling for our consideration in this Writ Petition.

2. Writ Petitioner school is an unaided private school having Matriculation and Higher Secondary and about 2300 students are studying from Pre KG to XII standard. On 07.5.2010, Justice K.Govindarajan Committee determined the fee under Section 6(1) of Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009 [Tamil Nadu Act 22 of 2009]. Not satisfied by the fee structure, Writ Petitioner school filed objections under Section 6(3) of the Act. As per the order of First Bench in P.B. Prince Gajendra Babu v. Federation of Association of Private Schools in Tamil Nadu (2010 (5) CTC 721), all the matters were remitted back to the Committee directing the Committee to consider the objections of 6400 Institutions by affording them opportunity of personal hearing to enable them to submit further materials for consideration of the Committee and thereafter pass individual orders by considering all such materials.























































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