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Stay order revoked on school fee issue

Chennai, Oct 5 In a
huge relief to thousands of parents in Tamil
Nadu, the Chennai High Court today set aside a
single Judge's order staying implementation of
individual fee structure for private unaided
schools drawn up by a government-appointed
committee. "In our considered opinion, the
impugned interim order passed by the single
judge cannot be sustained in law and is liable
to be set aside," a bench comprising Chief
Justice M Y Eqbal and Justice T S Sivagnanam
said, while disposing a batch of appeals,
including that by the state government, against
the September 14 order. Even if the
determination of the fee structure by the
committee is assumed as provisional, the judge
had erred in holding that it was violative of
the principles of natural justice, the bench
said. After the fee fixation orders had been
communicated to individual private schools in
May last, in all 6,400 institutions had
submitted their objections in June and July.The
institutions had collected the same fees fixed
for the previous academic year for the current
academic year. The bench noted that parents had
complained that after the fee structure had been
stayed they were being harassed to pay the
difference between the fee collected and that
originally fixed by respective institutions
prior to the fee fixation committee's (FFC)
order. The bench said the 6,400 schools, which
had submitted objections to the May 5 order of
the FFC, headed by a retired judge of the high
court, would be entitled to pursue their
objections before the committee, which should
consider the same.
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Pending consideration of the
objections, "these institutions shall not be
entitled to collect any further fees than what
has been collected by them at the beginning of
the academic year in June 2010 i.e. at the rate
fixed for the previous academic year 2009-2010",
the bench said. The Judges said if the fees
collected was in excess of that fixed by the FFC,
the excess component should be deemed to be
retained as a deposit by the respective
institutions till the committee's final
decision. "If any additional fee has been
collected by the 6,400 institutions after the
interim order in the writ petitions, the same
shall also be retained as a deposit and the same
shall abide by the final decision to be taken by
the FFC." Regarding the 4,534 institutions which
had accepted the order passed by the FFC, the
bench made it clear that the institutions would
not be entitled to collect any fee in excess of
what had been permitted by the committee.