Federation of Association of Private Schools in Tamil Nadu (FAPSIT), Rep. By its State Secretary vs Chief Secretary to Government, The Office of Revenue and Disaster Management Department

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Mad) 3068

IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.Krishnakumar, J.
The Federation of Association of Private Schools in Tamil Nadu (FAPSIT), Rep. By its State Secretary - Petitioner
Versus
The Chief Secretary to Government, The Office of Revenue and Disaster Management Department and ors. – Respondents
W.P.Nos.8490, 8491, 8492, 8665, 8732, 8733, 8789, 8825, 8829, 8836, 8840, 8841, 8850, 8951, 9017, 9049, 9052, 9055, 9063, 9066, 9067, 9070, 9071, 9073, 9089, 9091, 9092, 9093, 9144, 9148, 9152, 9182, 9274, 9295, 9301, 9331, 9388, 9422, 9423, 9426, 9452, 9518, 9822, 9978 of 2020 and W.P.Nos.12049 and 13588 of 2021 and W.M.P.No.10247, 10248, 10250, 10251, 10254, 10497, 10586, 10587, 10588, 10590, 10591, 10668, 10717, 10725, 10733, 10737, 10739, 10752, 10966, 11008, 11015, 11019, 11034, 11040, 11042, 11046, 11050, 11053, 11075, 11078, 11080, 11082, 11152, 11160, 11161, 11165, 11200, 11305, 11332, 11349, 11417, 11475, 11511, 11513, 11519, 11552, 11630, 11632, 11938, 12125, 12126 & 10884 of 2020 and WMP.Nos.15728, 15729 & 6398 of 2021 W.P.No.8490 of 2020
Decided On : 30-07-2021

Advocates:
Advocate Appeared:
For the Petitioner: Mr.E.Vijay Anand
For the Respondent:Mr.R.Shunmugasundaram, Advocate General, assisted by Mr.A.Selvendran, Government Advocate for the State of Tamil Nadu Mr.Nagarajan, Standing Counsel

Headnote:
Constitution of India ,1950 - Articles 19(g)(1) and 30(1)- Right to Education Act, - Right of Children to Free and Compulsory Education Act, 2009 - Act of 2016 - Section 6(5) - Disaster Management Act, 2005 - Writ petitions have been filed by private educational institutions, challenging Government Order in G.O.(Ms) Revenue and Disaster Management Department directing all Private Schools and Colleges (unaided) in State not to compel students or parents to pay fee for academic and pending dues during lock down period - Have been filed by parents directing fourth respondent therein to consider petitioner's representation to take necessary action against respondents 7 to 9 therein for collecting 100% fees without conducting online classes and services and may direct seventh respondent School to waiver of school fees for academic and to direct seventh respondent to implement order of Government for all pass to 1st to 9th standards and to promote their children to next class – Held, State Government shall take all necessary steps to fill up vacancies in cadre of staff and ensure effective functioning of Fee Determination Committee - Said exercise shall be completed by Secretary to Government School Education Department Government of Tamil Nadu within a period of eight weeks from date of receipt of a copy of Court order - Directions State Government shall issue revised Circular and same shall be communicated to all Schools within a period of two weeks from date of receipt of a copy of Court order - Writ petitions disposed of.

ORDER :

These writ petitions (except W.P.Nos.13588 and 12049 of 2021) have been filed by private educational institutions, challenging the Government Order in G.O.(Ms)No.199, Revenue and Disaster Management Department dated 20.04.2020, directing all the Private Schools and Colleges (unaided) in the State not to compel the students or parents to pay the fee for the academic year 2020-2021 and the pending dues during the lock down period. W.P.Nos.12049 and 13588 of 2021 have been filed by parents directing the fourth respondent therein to consider the petitioner's representation dated 17.06.2021 to take necessary action against the respondents 7 to 9 therein for collecting 100% fees without conducting online classes and services and may direct the seventh respondent School to waiver of the school fees for the academic year 2020-2021 and to direct the seventh respondent to implement the order of the Government for all pass to the 1st to 9th standards and to promote their children to the next class.

2. This Court, vide detailed interim order dated 17.07.2020, has taken into consideration the situation prevalent at the time and in order to find out an interim solution to clear the logjam and in order to balance the interest of all the stakeholders, issued the following directions:

“16..(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.

(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 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 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.

(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 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.

(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.”

3. Subsequently, this Court expected the situation to improve and thought that the physical classes will commence atleast from November or December, 2020. However, the situation has not improved and the reopening of schools and commencing physical classe

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