Madras High Court
G.Devarajan vs The Principal Secretary on 21 September, 2023
W.P.No.10585 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.09.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.10585 of 2017
G.Devarajan ... Petitioner-in
Person
vs
1.The Principal Secretary,
Education Department,
Government of Tamil Nadu,
Fort St. George, Chennai-600 009.
2.The Secretary,
School Education Department,
Government of Tamil Nadu,
Chennai-9.
3.The Director of School Education,
Directorate of School Education,
DPI Campus, Chennai-600 006.
4.The Chairman,
Private Schools Fee Determination Committee,
Chennai-600 006.
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W.P.No.10585 of 2017
5.The Head Master,
Don Bosco Higher Secondary School,
130, Madhavaram High Road,
Perambur, Chennai-600 011.
6.The Chief Educational Officer,
Panagal Building,
Anna Salai, Saidapet,
Chennai-15. ... Respondents
Prayer : Petition filed under Article 226 of the Constitution of India
seeking issuance of a writ of mandamus directing the respondents 1
to 4 to forbear the fifth respondent from collecting any exorbitant
fees from the students not more than the fees stipulated by the
Tamilnadu Government and in case of any such collection of
excessive fees, it shall be refunded to the respective students and
the said process shall be monitor by the 1 to 4 and 6 respondents.
For the Petitioner : Mr.G.Devarajan
Petitioner-in-Person
For the Respondents : Mr.P.Muthukumar
State Government Pleader
assisted by
Mr.K.M.D.Muhilan
Addl. Government Pleader
for respondents 1 to 3 and 6
: Ms.S.Kavya
for respondent No.4
: Dr. Fr.Xavier Arulraj
Senior Counsel
for Mrs.A.Arulmary
for respondent No.5
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W.P.No.10585 of 2017
ORDER
(Order of the court was made by the Hon'ble Chief Justice)
We have heard Mr.G.Devarajan, petitioner appearing in
person; Mr.P.Muthukumar, learned State Government Pleader,
assisted by Mr.K.M.D.Muhilan, learned Additional Government
Pleader for respondents 1 to 3 and 6; Ms.S.Kavya, learned counsel
for the fourth respondent; and, Dr. Fr.Xavier Arulraj, learned Senior
Counsel for Mrs.A.Arulmary, learned counsel for the fifth
respondent.
2. The petitioner in person submits that he has filed the
present petition in public interest. The fifth respondent school is
collecting huge fees, much more than what has been prescribed.
3. We asked the party in person as to whether his child is
studying in the school. The party-in-person submits that his child
left the school in the year 2016.
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W.P.No.10585 of 2017
4. Prior to the present petition, the petitioner filed
W.P.No.12475 of 2015. In the said writ petition, the present
petitioner sought the relief of mandamus to direct the Special Officer
of the Private School Fees Determination Committee to take
necessary action and conduct an enquiry about the excess fees
collected by the school for the period 2014-2015. A Division Bench
of this court, under its judgment and order dated 27.10.2015,
disposed of the writ petition filed by the petitioner, along with the
writ petition filed by the fifth respondent herein.
5. The petitioner's child is not in the school since 2016. In
case the parents of the any student are aggrieved, they can
approach the court making a grievance regarding charging of excess
fees or otherwise. The petitioner would not have locus standi for
the same.
6. Earlier, the issue raised by the petitioner with regard to
charging of excess fees is already decided by the Division Bench of
this court in the writ petition filed by the present petitioner under
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W.P.No.10585 of 2017
the judgment dated 27.10.2015, as referred to above.
7. The party-in-person submits that now the academic year is
different. Though the academic year is different, the issue remains
the same about the charging of excess fees that has already been
dealt with.
8. In appropriate cases, if the parents of any student studying
in the fifth respondent school approach the court, we may consider
the grievance on its own merits.
With these observations, the writ petition is disposed of. There
will be no order as to costs. Consequently, W.M.P.No.11527 of
2017 is closed.
(S.V.G., CJ.) (P.D.A., J.)
21.09.2023
Index : Yes/No
Neutral Citation : Yes/No
sasi
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W.P.No.10585 of 2017
To:
1.The Principal Secretary,
Education Department,
Government of Tamil Nadu,
Fort St. George, Chennai-600 009.
2.The Secretary,
School Education Department,
Government of Tamil Nadu,
Chennai-9.
3.The Director of School Education,
Directorate of School Education,
DPI Campus, Chennai-600 006.
4.The Chairman,
Private Schools Fee Determination Committee,
Chennai-600 006.
5.The Chief Educational Officer,
Panagal Building,
Anna Salai, Saidapet,
Chennai-15.
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W.P.No.10585 of 2017
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU,J.
(sasi)
W.P.No.10585 of 2017
21.09.2023
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