New Delhi: The Supreme Court on Friday issued notice to the Tamil Nadu government on a batch of appeals filed by the Association of Management of Private Schools (CBSE) and others against a Madras High Court verdict holding that the Tamil Nadu fees regulation law would be applicable to CBSE schools in the State and that the fee fixation committee could fix fees for them.
Issuing notice, a Bench of Justices P. Sathasivam and J.S. Khehar posted the matter for final hearing on April 25. Notice was also issued on the applications seeking stay on the operation of the impugned judgment.
The short point involved in this Special Leave Petition is against the applicability of the Tamil Nadu Schools (Regulation of Collection of Fees) Act, 2009. According to the appellants the granting of no objection by the department does not come under the meaning of ‘recognised’ or ‘approved’ within the meaning of 2(j) of the Tamil Nadu Schools (Regulation of collection of Fee) Act, 2009.
They said the special leave petitions raised important questions law of public importance, viz. “whether the High Court is right in concluding that CBSE schools are “private schools” within the meaning of Section 2(j) of the Act, and the provisions of the Tamil Nadu Schools (Regulation of collection of fee) Act, 2009 are applicable to CBSE schools just because the Education Department of the State Government gives a “No Objection Certificate” to an institution commencing a school to get itself affiliated to the Central Board of Secondary Education; whether the High Court is right in ignoring the fact that the 2009 Act itself recognised a CBSE school as a different class by itself and provides a separate mechanism in Sec.3 (3) and 7(3) of the Act by limiting the power of the Fee Determination Committee to only the power of verification as to whether the fee collected by the CBSE schools is commensurate with the facilities provided by the school and does not grant any power to it to determine the fees in a CBSE affiliated school?; whether the High Court is correct in equating a No Objection Certificate” issued by the Education Department of the State government to a recognition or approval by a competent authority under any law for the time being in force?.
The appellants contended that the High Court failed to note that the Right to Education Act was applicable only to elementary education, whereas CBSE schools were having standards from LKG to X Standard.
Therefore, the Right to education Act 2009 could not be used as a tool to interpret the provisions of the 2009 Act, wherein the fee was determined by the committee in respect of all classes from LKG to X standards.
They sought quashing of the judgment.