The Madras High Court has concurred with a single judge’s order that collection of fees by 36 ‘A Schools’ (pre-kindergarten schools) is unsustainable as it is not fixed by the Fee Committee constituted by the State Government.

The First Bench, comprising Acting Chief Justice Satish K Agnihotri and Justice M Sathyanarayanan which delivered the judgment yesterday on petitions by parents of students in Chettinad Foundation “A” School, said 36 Schools run by the respondents are not recognised under ‘Tamil Nadu Recognition Private Schools (Regulations) Act’ and rules framed under it.

As no further challenge by way of appeal was made, the October 28, 2011, single judge’s order was final, the Bench said.

Thirteen parents had filed two petitions to direct the school Education Department to accommodate their wards studying in pre-kg run by Chettinad Foundation in some other recognised CBSE schools as per Section 5 of the Right to Children to Free and Compulsory Education Act, 2009.

They sought a direction to the Management and its founder Annamalai Chettiar to pay compensation for ‘harassment’ and for issue of valid transfer certificates to their wards to enable them join some other recognised School.

They contended that schools run by the Management were not recognised, either from the State Government or from CBSE and also lacked basic infrastructure. In spite of this, hefty fees had been collected.

They also alleged they made repeated representations to authorities concerned and police, who had also ‘connived’ with the Management. Though the Management apprised them that alternative accommodation would be given, nothing was done so far, leaving the children’s future in jeopardy, they said.

The parents said the management has collected Rs 9,600 for Pre-kg course, apart from Rs 5,000 under ‘Material fees.’

The school department, in its counter, said the schools were set up without making any application for permission/ recognition/affiliation, either before the government or CBSE.

The counter said if the CBSE receives any objection during the process of application, it may ask the school to produce NOC from the State government as otherwise it would be assumed that State or Union Territory concerned had no objection.

On schools run by Chettinad Foundation, the counter said all 36 schools run by them had been after a Show cause Notice.

It stated that as per Sec 4 and 5 of RTE, the children are entitled to admission in any recognised school and the Education Department would also give appropriate direction to get their wards admitted in nearby government/ government aided schools under their control.

Disposing of all petitions, the Bench directed the management to pay jointly and severally Rs 15,000 to parents by way of interim compensation in four weeks. It also gave parents the liberty to approach the competent forum to get refund as well as to claim further compensation.

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