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2013 Supreme(Mad) 3391

R.BANUMATHI, R.SUBBIAH
Everest Kenbridge School Rep. by its Chairman A. Thamilselvan – Appellant
Versus
Private Schools Fee Determination Committee Rep. by its Special Officer – Respondent


Advocates appeared:
For the Petitioner: B. Rabu Manohar, Advcoate.
For the Respondents: P. Sanjay Gandhi, Addl. Govt. Pleader.

JUDGMENT

R. Banumathi, J.

1. The Writ Petitioner, who is an unaided private school has filed the Writ Petition challenging the final order/fee structure prescribed by the School Fee Determination Committee dated 18.3.2013 on the ground of arbitrariness and that it is not in conformity with Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009 (Tamil Nadu Act 22 of 2009) and the directions issued by the Division Bench of this Court in W.P.No.8489 of 2011 etc. batch dated 03.5.2012.

2. Writ Petitioner school is self-financing/private unaided CBSE school. To regulate the collection of fee by the private schools in the State of Tamil Nadu, Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009 was enacted. The vires of Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009 and Rules were upheld by this Court (except Section 11 of the Act and Rules 4(4) and 4(5) of the Rules) [Vide 2010 (4) CTC 353].

3. Earlier, various orders passed by the Committee was challenged before this Court on the ground of arbitrariness. By the common order dated 3.5.2012 in W.P.No.8489 of 2011 etc. batch, all the Writ Petitions were remitted back to the Committee with a direction to










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