HC stays new fee structure for private schools in TN

Updated on: Wednesday, September 15, 2010

The Madras High Court on Tuesday stayed the operation of the fee structure for private unaided schools fixed by the Justice Govindarajan committee.

Passing the judgment on writ petitions filed by private unaided schools as well as associations, Justice Vasuki directed all the petitions to be posted before the appropriate Bench for expeditious final disposal in view of the importance and urgency of the issue involved.

The petitioners sought a direction to permit them to collect the fees as proposed by the schools prior to the fixing of fee by the Private Schools Fee Determination Committee, a statutory panel appointed by the government.

The rules were framed on December 7, 2009. Immediately after the enactment of the Act, all the 10,934 private aided minority and non-minority schools were given a questionnaire each, containing 41 columns and asked to submit the same within a stipulated period.

A total of 10,238 schools submitted the particulars with or without supportive documents.

â€œIt is hardly imaginable and practically impossible that the committee consisting of six members without any able and effective assistance of technically qualified persons such as Chartered Accountants was able to verify all the particulars contained in the questionnaire and determine the fee structure within less than one monthâ€¦â€ the Judge said

Though the committee expressed difficulties in revising the fee structure within 30 days, as mandated under its terms of reference, it was able to determine the provisional fee structure within such a short time. This would lead to genuine doubt whether the provisional fee structure was fixed after thorough examination of relevant facts under the Act.

The Judge said considering the provisional nature of the order and the manner in which it was passed, the court had no hesitation to stay it, pointing out that the provisional order is not enforceable.

HC stays new fee structure for private schools in TN

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