The central legal point established in the judgment is the requirement for the Committee to adhere to the statutory process for determining the fee leviable by private schools, including affording the schools an opportunity to file objections as per Section 6(3) of the Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009.

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 afford sufficient opportunity to the schools and pass fresh orders. In the said order, this Court interalia issued guidelines for fixation of school fee in respect of (i) salary to teaching and non-teaching staff; (ii)employees provident fund; (iii)contribution to Employees State Insurance Corporation; (iv)gratuity and such other head shall be considered based on the bills produced. In the said judgment, various guidelines were issued in Para Nos.88 to 117 and 152.

4. Writ Petitioner school is affiliated to Central Board of Secondary Education. By the order in W.P.No.17532 of 2011 dated 21.9.2012, we have held that the provisions of the Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009 are applicable to the CBSE schools. Some of the CBSE schools have challenged the order of this Division Bench dated 21.9.2012 before the Hon'ble Supreme Court and the same is pending. Writ Petitioner school has filed additional affidavit stating that the Writ Petitioner school is not challenging the applicability of the provisions of the Act.

5. Mr.B.Rabu Manohar, learned counsel for the Writ Petitioner school submitted that Committee has not determined the fee structure as contemplated under Section 6(2) of the Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009. According to the Writ Petitioner school, the Committee has passed the final order without passing a preliminary order under Section 6(1) of the Act and without giving opportunity to the Writ Petitioner school to raise their objections as contemplated under Section 6(3) of the Act and therefore, prayed that the impugned order dated 18.03.2013 may be treated as a provisional order passed under Section 6(1) of the Act and an opportunity may be given to the Writ Petitioner school to file their objections along with necessary materials.

6. Learned counsel for the Writ Petitioner school has submitted that the Writ Petitioner school has not challenged the applicability of Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009 to the Writ Petitioner school and to that effect, the Writ Petitioner school had also filed an additional affidavit and prayed for remitting the matter to the Committee.

7. Learned counsel for the Writ Petitioner school has drawn our attention to the typed set of papers and submitted that the Committee had taken into account the annual expenditure for paying salary to the teaching staff only to the tune of Rs.12,44,709/-; whereas the actual expenditure for paying salary and allowances towards teaching and non teaching staff works out to Rs.43,71,290/-and thus there is a deficit of Rs.21,26,581/- and with the huge deficit, it has become difficult for the Writ Petitioner school to run the school. It was also submitted that the actual expenditure incurred towards