V. Krishnamoorthy v. The State of Tamil Nadu

action to discontinue the functioning of the Units of "A' SchoolChettinad Foundation" and direct the respondents 7 and 8 to returnthe fees amount collected from the petitioners with compensationfixed by this Court.2.The facts necessary for disposal of this writ petition asper the pleadings are as follows:(a)Petitioners are hailing from Middle Class and UpperMiddle Class educated families. They are employed in IT Industriesand to educate their children they searched for good school intheir residential surroundings.(b)Petitioners came across an advertisement issued by the 7thand 8th respondent made in the name of 'Chettinad Foundation 'A'Schools' by advertisement boards and in their official website.The advertisement contained the list of institutions established bythe Chettinad family including Chettinad Vidyashram, Chettinad HariShri Vidyalayam, Kumara Rani Meena Muthiah Matriculation HigherSecondary School, Raja Muthiah Higher Secondary School, Kumara RajaMuthiah Higher Secondary School and various other institutions.(c)In the prospectus published in the webside of Chettinad'A' Schools in www.aschool it was declared that the admissions areopen for play group/Pre-KG, LKG, UKG continues on till XII (CBSC)at one of their main schools. It is also stated that thecurriculum is based on CBSC syllabus. The framework is built onuniversally accepted developmental milestones of a child anddesigned keeping in mind skills that are age appropriate. Themethod of teaching is built on montessori principle and is orientedto promote Activity Based Learning method.(d)The infraustructural facilities mentioned in the websiteare, every centre is carefully chosen so that it is located in safeneighbourhood, independent, bright, well ventilated and spacious;the interior and exterior of the centre including stairways,balconies and terrace are made to be child safe and supportive andchild friendly, hygienic and functional environment that inspiresand allows child development.(e)The teacher-student ratio as mentioned in the website is1:15. The fees mentioned are Application fee Rs.500/-;Registration fee Rs.9,000/-; Term fee (3 terms in a year)Rs.7,800/- for pre-KG and play school; Rs.9,600/- for Lower KG,Upper KG and standard one. A note was put up stating that the saidfee does not include charges for uniform, work sheets, books, playand learning materials, field trips, supplies, etc., and fees oncepaid cannot be refunded.(f)The petitioners among other parents approached the 7threspondent for admission as they were attracted by the brand nameof 'Chettinad Foundation'. The administrator of the School hadpromissed that classes presently conducted in the individual housesare only for pre-KG students and they will be shifted to bigger andspecious structure soon. The parents were also informed thatadditional sum of Rs.2,000 to Rs.3,000 is to be paid per annum for https://hcservices.ecourts.gov.in/hcservices/ materials and separate cost for uniform will be collected.(g)The petitioners admitted their children in 'A' Schools ofChettinad Foundation. They are studying in various classes viz.,LKG, UKG, Standard I, and admissions for the said classes startedin the year 2009. According to the petitioners, after collecting asum of Rs.9,000/- towards admission fee, 7th respondent issuedacknowledgement, which do not contain the break-up details of feestructure and it was informed that the same will be issued later.(h)The students were sent to the respective schools andpetitioners came to know that no infrastructural facilities areavailable and there were only few toilets available for allclasses. The toilets were unhygienic and unusable by thechildren. The children were not taken care of by sufficient numberof maids. There was no transportation facility as assured. Nobooks were supplied even for reading alphabets. Except activitysheets, no study materials were provided and the children wereterrorised by corporal treatment by the teachers and attenders, whoclaim to be supervising the school. On enquiry by the parents itwas learnt that the children are threatened by the teachers statingthat they will be put in dark room for any mistake.(i)It is stated in the affidavit that the children developedurinary track infections and the cause was found by the parentsthrough Doctors that they are controlling urinating during Schoolhours as the toilets are not clean. The 7th respondent has notprovided ID cards even after collecting registration fee ofRs.9,600/- and term fees. The 7th respondent collected Rs.5,000/-for materials and uniforms and only two sets of uniforms weresupplied in December, 2010, just three months prior to summervacation and the uniforms were also not stitched to measurement ofindividual child and the same are not fitting to the children.After some time, the students were told not to wear uniform. Theterm fees were collected much in advance.(j)All these facts were reported to Supervisors andAdministrators of the School. The parents of the children whoreported those issues before the Administrators, were harassed. Itis alleged that the Administrators have assured the parents thatthey will solve the deficiencies in the academic year 2011-2012 andmore facilities will be provided by constructing new buildings.Due to the said assurance, petitioners did not seek admission totheir children in other school.(k)It is contended that the parents received SMS informationto their mobile phones directing them to pay Registration fee ofRs.9,600/- for the year 2011-2012. The parents objected forcollection of Registration fee every year as registration in thepre-primary and primary class is to be on one time basis andthereafter annual fee and Term fee alone has to be paid. It isalleged that the parents were coerced and ultimately they wereforced to pay Registration fee with fine at the rate of Rs.50/- perday for the delayed payments. Again SMS was received on 24.6.2011to pay administration fee and programme fee, which comes to https://hcservices.ecourts.gov.in/hcservices/ Rs.6,200/- and Rs.3,600/-. For Physical fitness, which is part ofregular curriculum, a term fee of Rs.9,600/- is collected, whichcomes to Rs.3,200/- per month. It is alleged that on the guise ofeducation the respondents 7 and 8 are grabbing money.(l)It is further contended that about 95 parents, whosechildren are studying in Ashok Nagar 18th Avenue branch, submitted ajoint representation on 27.6.2011 before the 7th and 8th respondents,who paid no attention to the said representation and the parentswere ill-treated by the Supervisors and denied entry into theSchool to meet the Administrative staff and they were informedthrough SMS that they should apply through E-Mail to getappointment to meet the Administrators.(m)Again on 5.7.2011 further representation was submittedstating that the school lacks basic amenities as per the standardsprescribed by the Government and the fees collected do notcommensurate with care and education given to the children. (n)According to the petitioners, there are 36 schools(Branches) run by the Chettinad Foundation 'A' School on their ownfranchise and all the schools have no affiliation/recognitioneither from the State Government or from the Central Board ofSecondary Education; that there is no prescribed curriculum; thatthe schools do not have play ground as per the Government norms;that the schools are functioning in individual houses withoutsufficient toilets proportionate to students strength; that formore than 280 students in 18th Avenue, Ashok Nagar branch, only sixtoilets are available; that the fee structure fixed is withoutfollowing the fee prescribed by the Government; that the saidviolations are serious and are threat to the safety of thechildren. Again a SMS message was received on 18.7.2011 by theparents alleging that those students, who have not submitted proofof payment for administration and programme fees with late fee by20.7.2011, will be emotionally tortured; that some of the parentswere called separately and given bona fide certificate withinstruction to admit their child in any other school withoutissuing any transfer certificate.(o)It is also alleged in the affidavit that some of thechildren came with hitting on their head and the enquiry revealedthat the teachers instigated some of the students to hit them. Anagitation was organised before the 'A' School office, Ashok Nagaron 22.7.2011 by the parents and after the agitation, the parentsmet the Commissioner of Police, Chennai with a representation andrequested to take action. It is stated in the affidavit that thepolice allegedly abused the parents in support of the schoolmanagement.(p)On 11.7.2011 a representation was submitted to the firstrespondent pointing out the said violations and harassments. A SMSmessage was received on 4.8.2011 stating that there will be ameeting with the Founder. Some of the parents who visited toattend the meeting were denied entry. In the meeting, instead ofgiving patient hearing, the Administrator snubbed the parents. On https://hcservices.ecourts.gov.in/hcservices/

10.8.2011 a public notice was published in the Times of Indianewspaper stating that public not to be deceived by unauthoriseduse of the Trademark "Chettinad" by unscrupulous persons.(q)Petitioners further alleged that the Chettinad Foundation'A' Group Schools violates the conditions laid down under Section18 and 19 of the Right of Children to Free and Compulsory EducationAct, 2009 (Act 35 of 2009 (Central)) viz., Schools were establishedwithout obtaining certificate of recognition and without fulfillingthe norms and standards; that Section 13 of the Act is violated asthe management is collecting capitation fee in the name ofRegistration fee every year; that CBSC Bye-laws Chapter-II isviolated; that the Tamil Nadu (Madras) Elementary Education Act,1920 is violated; that the provision of the Tamil Nadu RecognisedPrivate Schools (Regulation) Act, 1973 and Rules framed thereunderare violated; that the Code of Regulation for the Approved andNursery and Primary Schools issued by the Government is violated;that Article 19 and 20 of the United Nations Convention on theRights of the Child is violated; and more particularly, fundamentalright guaranteed under Article 21A of the Constitution of India totheir children is violated. Pointing out all these violationspetitioners have filed this writ petition with the above saidprayer.3.The respondents 7 and 8 have filed counter affidavitcontending that the 8th respondent is the Founder of the Schoolsbelonging to a Philanthropic family, dedicated to the cause ofeducation. The 7th respondent is a reputed group of Schools run byChettinad Foundation, imparting high standard of education tochildren in the age group of 1½ to 8 years. The 7th respondent isrunning school at Ashok Nagar and has 36 branches in Chennai, andin the said branches about 3,397 children are studying. It isalleged that the writ petition has been filed with oblique motiveby suppression of facts. The prayer sought for in the writpetition is beyond the representation submitted. As per theaffiliation bye-laws of the CBSE, request for approval of middleclass syllabus should be made only when the school reaches ClassVI. The schools run only upto classes of pre-primary level andrequisite permission will be duly obtained from the CBSC at theappropriate level that is prior to reaching class VI. The safetymeasures are made meticulously in several branches by raisingcompound wall to 8 feet from the ground level. Every school isprovided with fire fighting equipments and trained staff members,having sufficient toilets and other infraustructural facilities.Filtered drinking water is provided in all the schools and allclass rooms are adequately ventilated. The School curriculum arebased on CBSE syllabus, which is based on universally accepteddevelopmental milestone. The 7th respondent set up schools withconscious decision to run schools for children in a homelyatmosphere. The foundation for the location of main schools willbe declared in December 2011. The toilets are cleaned every day https://hcservices.ecourts.gov.in/hcservices/ and adequate number of maids are engaged at the ratio of 1: 40.Transport facility is provided as promised and no corporalpunishment is imposed. Administrators are regularly supervising andTeachers are warned not to indulge in any corporal punishment. Asum of Rs.450/- was collected for uniform and materials during theacademic years 2010-2011 and 2011-2012. 4. All the children are provided with photo ID. The one timeRegistration fee of Rs.9,000/- is collected during the time ofregistration and not yearly. A sum of Rs.3,600/- is beingcollected towards various programmes being held in school likefitness, music, abacus, reading, etc. The Government has not fixedany fee structure to the schools and the respondent school are notcollecting any exorbitant fees. The Registration fee is utilisedtowards the cost of setting up the respective schools includingalteration, modification and renovation, outdoor and indoor playmaterials, toilets, play areas, safety proofings, raising compoundwall, etc. The Term fee is used for payment of rent,electricity, communication and conveyance expenses and also forsalary for Teachers and Assistants. Several parents have not paidfees and the Chettinad Trust has suffered a loss of over Rs.40lakhs. The alleged SMS message regarding emotional torture due tonon-payment of fee is denied. Stating all the said reasons, therespondents 7 and 8 have prayed for dismissal of the writ petition.5.The second respondent has filed counter affidavit statingthat as per the provisions of the Tamil Nadu Recognised PrivateSchools (Regulation) Act, 1973, before establishing a privateschool, permission has to be obtained and subsequently recognitionhas to be obtained. The Schools run by the 7th respondent has notobtained prior permission from the competent authority of educationdepartment of the State. The Government received complaints fromthe parents of the students studying in 'A' School at Ashok Nagar,Chennai, and called for explanation from the management. The ChiefEducational Officer, Chennai inspected the 'A' School at AshokNagar and filed his inspection report. It was informed by themanagement that they are following CBSE syllabus curriculum intheir school. There are 36 schools, which proposes to getrecognition from the CBSE and it is alleged that the managementinformed the parents while admitting their children. All the 36schools are functioning in independent bungalows taken on lease.The 'A' school, functioning at Plot No.22 Sriman Srinivasan Road,Alwarpet, Chennai-28 was inspected and found that in Pre-KG 23students; in LKG 17 students; in UKG 21 students; and in I standard16 students are admitted, and five teachers and two non-teachingstaff are employed of which only one teacher has passed TeacherTraining and others are not trained teachers. All the schools arefunctioning in rented building on three years agreement from17.5.2009 onwards. The class rooms are small in size; there is noplay ground and the toilets are only four in number, which is https://hcservices.ecourts.gov.in/hcservices/ inadequate. During the visit the Correspondent highlighted Rule 4(1) of CBSE Affiliation Bye-laws and contended that only whilereaching Class VI approval has to be obtained after forwardingapplication by the State Government with no objection certificatefor affiliation by CBSE. 6. It is further stated in the counter affidavit that thehighest and lowest fees fixed by the Fee Committee for LKG, UKG andStandards I and II are, for LKG and UKG Rs.24,000/-; for I & IIStandards Rs.18,050/-(highest); and for LKG and UKG Rs.1,500/- andfor I & II Standards Rs.1,800/-(lowest). It is also stated in thecounter affidavit that under the Right of Children to Free andCompulsory Education Act, 2009, no school other than a schoolestablished or owned by the Government or local body can functionwithout obtaining a certificate of recognition from the authorityand the said provision is not followed by the 7th respondent school.The 36 schools of Chettinad Foundation will be advised to approacheither the State Government or Central Government for necessaryrecognition as per the rules. The second respondent ultimatelyprayed for issuing appropriate directions by this Court.7.The impleaded respondents viz., respondents 9 and 10 haveopposed the prayer made in the writ petition contending that if anyadverse order is passed, they will be affected and the respondents7 and 8 are conducting the schools satisfactorily and if theschools are closed, about 3,397 students studying in 'B' schoolswill be affected as they may not be in a position to get admissionin any reputed school.8.Ms.A.Arulmozhi, learned counsel for the petitionersubmitted that the respondents 7 and 8 can establish schools asprivate schools only after getting permission from the competentauthority as well as recognition from the competent authority underthe provisions of the Tamil Nadu Recognised Private SchoolsRegulation Act, 1973 and the Rules framed thereunder. Prior tothe said enactment of the said Act, Tamil Nadu (Madras) ElementaryEducation Act, 1920 and Act and Rules were issued and the same wasgoverning the establishment of schools including private Schools.The said Rules clearly contemplates several aspects forstarting/establishing private schools within the State of TamilNadu. Under the provisions of the Tamil Nadu Recognised PrivateSchools (Regulation) Act, 1973, permission has to be obtained forestablishing Schools and the Government has got power to regulateschool education as per Section 3. The management of privateschool shall submit an application before the competent authorityseeking permission and no person shall establish a school withoutprior permission of the competent authority and except inaccordance with the terms and conditions specified in suchpermission. Separate procedure is contemplated for submission ofapplication seeking permission as well as for recognition and only https://hcservices.ecourts.gov.in/hcservices/ on compliance of requirements which are mandatorily to be followed,the competent authority can issue permission and subsequentlyseparate application shall be submitted for recognition. 9. Rule 4 of the Tamil Nadu (Recognised) Private SchoolsRegulation Rules, 1974 prescribes the competent authorities forthe grant of permission and recognition of pre-primary, primary andmiddle schools, high schools and higher secondary schools.Separate fee is also prescribed for each category of school to bepaid at the time of seeking permission. As per Rule 6 theapplication shall be considered and on satisfaction, permission canbe granted. Rule 9 deals with recognition for which also competentauthorities are prescribed for pre-primary, primary, middle school,high school and higher secondary schools. Qualifications andconditions of service of teachers and other persons employed inprivate schools is also prescribed in each category of schools.Separate guidelines are issued regarding the infrastructures to besatisfied for the grant of permission and recognition to eachcategory of private schools.10.The learned counsel further submitted that therespondents 7 and 8 can establish and administer 36 private schoolswith standards 1 and 2 including pre-primary schools, only aftergetting permission and recognition students can be admitted.Respondents 7 and 8, without even applying for permission andrecognition before the competent authorities as mentioned in theTamil Nadu Recognised Private Schools (Regulation) Act and Rules,are running 36 schools and the said action of the respondents 7 and8 is to be taken serious note of, particularly regarding notobtaining building licence as required under the Tamil Nadu PublicBuildings Licence Act, 1965, stability certificate, sanitarycertificate, etc. It is also submitted by the learned counsel forthe petitioner that CBSE Affiliation Bye-laws relied on by therespondents 7 and 8 in the counter affidavit stating that only onreaching Standard VI application for affiliation has to besubmitted is unsustainable as the said affiliation can be appliedonly if NOC is issued by the State Government, which clearlyestablishes the fact that affiliation has to be obtained fromStandard VI onwards and upto Standard V, permission and recognitionmust be obtained from the concerned State Government. The school,which is recognised intends to get affiliation with CBSE, NOC canbe issued by the State Government for changing the pattern ofeducation to CBSE. The learned counsel also submitted that thesecond respondent has misconstrued the said provision and iscontending that for the schools which are following CBSE patternneed not obtain permission and recognition from any authority tillVI standard and the said stand of the second respondent isunreasonable and erroneous and violative of the provisions of TamilNadu Recognised Private Schools (Regulation) Act, 1973 and theRules. https://hcservices.ecourts.gov.in/hcservices/

11. The learned counsel also relied on the provisionscontained in the Right of Children to Free and Compulsory EducationAct, 2009, particularly Sections 18 and 19 of the Act, whichclearly states that no school shall be established withoutcertificate of recognition and the norms and standards for schoolsto be followed for establishment. Learned counsel also relied onthe penal provision enabling action on any person, who contravenethe provisions of the Tamil Nadu Recognised Private Schools(Regulation) Act, 1973 and Central Act 35 of 2009. The learnedcounsel also relied on Articles 28 and 29 of the UN Convention onthe Rights of Child in support of her contention and also cited theJudgment of the Honourable Supreme Court reported in (2009) 6 SCC398 (Avinash Mehrotra v. Union of India); Judgment of the KeralaHigh Court reported in CDJ 2009 Kerala 194 (S.Shafeek Manager v.State of Kerala); decisions of this Court reported in (2009) 5 MLJ1387 (L.Bhavanibai v. Director of School Education (Matriculation),Chennai) and (2010) 5 MLJ 1139 (Ka.Kalaikottuthayam v. State ofT.N.).12.Mr.Satish Parasaran, learned counsel for the respondents7 and 8 submitted that more than 3,397 students are undergoingtheir education from pre-KG to II Standard and only 13 parents ofstudents are before this Court seeking action against themanagement. The learned counsel contended that the Tamil NaduRecognised Private Schools (Regulation) Act, 1973 and the Rulesframed thereunder are not applicable as the respondents 7 and 8 arerunning the institutions under the CBSE pattern, which contemplatessubmission of application for affiliation only when the school ishaving Standard VI and above. The learned counsel furthersubmitted that as per section 19(2) of the Right of Children toFree and Compulsory Education Act, 2009 (Act 35 of 2009) if theschools are established before the commencement of the said Act,which has not fulfilled the norms and standards, can fulfil thesame within a period of three years from the date of commencementand therefore the respondents 7 and 8 are having one more year tosatisfy the norms and till such time 36 schools can be allowed tobe continued. The learned counsel further submitted that themanagement will apply for building licence and also apply forfixing of fee structure for 36 schools before the Fee Committeeappointed by the State Government and for that purpose, sufficienttime may be given to the respondents 7 and 8 to satisfy the normsand standards and get appropriate orders from the competentauthority.13.Mr.A.Navaneethakrishnan, learned Advocate Generalappearing for respondent 1 to 4 and 6 relying on the counteraffidavit submitted that the respondents 7 and 8 are claiming thatthey are running 36 schools under CBSE pattern, the educationalauthorities of the State Government are unable to take any action https://hcservices.ecourts.gov.in/hcservices/ and only when the said schools apply for NOC, the State Governmentcan consider the same and take a decision. The learned AdvocateGeneral further submitted that if any direction is given by thisCourt, the respondents 1 to 4 and 6 will comply with the same.14.Mr.R.C.Paul Kanagaraj, learned counsel appearing for theimpleaded respondents 9 and 10 submitted that if the 36 schools areordered to be closed, the future of the students admitted in allthe 36 schools will be affected and if the petitioners are notwilling to educate their children through the 7th respondent school,it is for them to get their children admitted in other schools andthey cannot seek a direction as prayed for in the writ petition.15. In reply, the learned counsel for the petitionerssubmitted that in any event the State Government is responsible forgiving education and safety of all students and the contention thatupto V Standard any body can run schools without permission for anyauthority is irrational.16.I have considered the rival submissions made by thelearned counsel for the petitioners as well as the respectivelearned counsels for the respondents.17.The point arises for consideration in this writ petitionon the basis of the pleadings and arguments advanced is thatwhether the respondents 7 and 8 can establish andadminister/continue to run the pre-primary and primary schoolsnumbering 36 without any permission/recognition from anyauthority ?18.For considering the issue raised in this writ petitionthe following enactments are to be borne in mind.(i)The Tamil Nadu (Madras) Elementary Education Act, 1920(Tamil Nadu Act VIII of 1920) was governing the establishment andadministration of elementary education before the enactment of theTamil Nadu Recognised Private Schools (Regulation) Act, 1973.Section 3(xii) defines "public management" and "privatemanagement". "Elementary School" is defined under Section 3(vi)as,'a school or department of a school recognizedas an elementary school by the Director ofPublic Instruction or by such authority as maybe empowered by him in this behalf.' Rules were also framed called Tamil Nadu (Madras) ElementaryEducation Rules. Rule 3(v)(a) defines 'elementary education' as'education upto and including Standard V of anElementary School or upto and including Class Vof a Secondary School and for purposes otherthan compulsion, also includes education inStandards VI, VII and VIII of an elementary https://hcservices.ecourts.gov.in/hcservices/ school.'The School age for admission is provided in Rule 3(viii) andaccommodation for each student is mentioned in Rule 3(vii). Rulefor the grant of recognition was mentioned in Chapter I. Power togrant permission to open new schools, additional classes in theexisting schools including basic schools and pre-basic sectionsattached to basic schools shall vest in the officers of theEducation Department other than the District Boards. Applicationfor recognition of schools or of additional standards shall be madeto the District Educational Officer through the Deputy Inspector ofSchools. For the grant of permission and recognition severalinfrastructural requirements are to be satisfied includingappointment of qualified teachers. Qualification of the staff wereprescribed in Rule 15. Proportion of teacher-pupil is prescribedin Rule 17 and strength of each section is mentioned in Rule 18.(ii)The Tamil Nadu Recognised Private Schools (Regulation)Act, 1973 enacted in the year 1973 came into force from 24.6.1974.The said Act exclusively deals with private schools including pre-primary, primary, middle, high schools and higher secondaryschools.(iii) Establishment and administration of MatriculationSchools are governed under the Code of Regulations forMatriculation Schools in Tamil Nadu, which came into force from1.6.1978. Rule 10 deals with permission and recognition of newmatriculation schools.(iv)For the establishment and administration of Anglo-IndianSchools, Code of Regulations for Anglo-Indian Schools was issued,which deals with recognition of Anglo Indian Schools.(v)In the year 1991, the Tamil Nadu Government issued Codeof Regulation for the Approved Nursery and Primary Schools throughG.O.Ms.No.484 Education Department dated 24.4.1991. Rule 8specifically states that this Code shall be applicable to primaryclass standards I to V of the Approved Nursery/Primary Schools.All unrecognised Nursary/Primary schools were also directed toapply for approval.(vi)The Right of Children to Free and Compulsory EducationAct, 2009 (Act 35 of 2009) formally declared the right to educationupto the age of 14 years to all child came into force from1.4.2010. The said Act was enacted pursuant to the declaration oflaw made by the Honourable Supreme Court in the judgments reportedin Mohini Jain vs. State of Karnataka (1992 (3) SCC 666,Unnikrishnan J.P. vs. State of Andhra Pradesh (1993 (1) SCC 645 andTMA Pai Foundation vs. State of Karnataka (2002(8) SCC 481.19.On a perusal of the above Acts, Rules and Code ofRegulations it is evident that all private schools are to beestablished including pre-primary schools only under the statutoryenactments right from 1920. None of the above enactment permit anyprivate person/management to establish any private school including https://hcservices.ecourts.gov.in/hcservices/ pre-primary school, without permission from the competentauthority.20.Coming to the case on hand, it is an admitted case ofrespondents 7 and 8 that 36 Schools were established in the year2009 and so far no application forpermission/recognition/affiliation is submitted either before theauthorities of the State Government or before the CBSE. It is thespecific contention of the respondents 7 and 8 that they arefollowing CBSE pattern of education and only when the schoolscommences Standard VI, the managements are required to apply foraffiliation with CBSE with NOC from the State Government.Therefore the first and foremost point to be decided is whether therespondents are justified in establishing 36 schools in ChennaiCity i.e, within the State of Tamil Nadu and whether they cancontinue without any permission and recognition order from thecompetent authority upto Standard V.21.The CBSE Affiliation Bye-laws, Rule 2(1)(i) defines"affiliation" which reads as follows:" "Affiliation" means formal enrolment of aschool among the list of approved schools ofthe Board following prescribed/approved coursesof studies upto class VIII as well as thosepreparing students according to prescribedcourses for the Board's examinations."Rule 2(1)(xvi) defines "institution" as follows:" "Institution" means an educationalinstitution affiliated to the Board.""Middle Class syllabus" is defined in Rule 2(1)(xix) as follows:" "Middle Class Syllabus" means syllabusapproved by the Board for classes upto VIII onthe pattern of syllabus/guidelines for theseclasses given by N.C.E.R.T."Rule 2(1)(xxvii) deals with "composite affiliation" as follows:" "Composite Affiliation" means affiliationfrom Class I to X or I to XII."Rule 3 deals with Norms for affiliation. Relevant portion of theRule upto Regular Affiliation is extracted hereunder:"3. Norms for Affiliation.- (1) The Board mayaffiliate several categories of schools all overIndia and abroad, as for example:(i) Government or Government aided schools;(ii)Schools run by autonomous Organisations underthe Government like Kendriya Vidyalaya Sangathan(KVS), Navodaya Vidyalaya Samiti (NVS), CentralTibetan Schools Organisation (CTSO), Sainik SchoolsSociety etc;(iii) Schools run by Government Deptt. directly like https://hcservices.ecourts.gov.in/hcservices/ Defence, Railways etc.(iv) Schools managed directly by Public SectorUndertakings or by reputed societies for PublicSector Undertakings under the financial control ofsuch Public Sector Undertakings or by Societiesformed by such undertakings.(v) Private, unaided schools established bySocieties registered under the SocietiesRegistration Act 1860 of the Government of India orunder Acts of the State Governments as educational,charitable or religious societies having non-proprietary character or by Trusts.(2) Applications for affiliation may beconsidered under the following four categories:(i) approval of middle class syllabus.(ii) provisional affiliation of a secondary school.(iii) upgradation/provisional affiliation of aschool for senior secondary stage.(iv) Regular affiliation to schools run by theGovt./Govt. Aided/Kendriya Vidyalaya Sangathan(KVS)/Navodaya Vidyalaya Samiti (NVS)/CentralTibetan Schools Organization (CTSO).(v) Permanent Affiliation.Note: The Board may grant Affiliation in vocationalcourses only as per provision contained in clause13.9.(3) Any educational institution in India oroutside India which fulfils the following essentialconditions (without which the case cannot beprocessed) can apply to the Board for affiliation :(i) The School seeking Provisional Affiliation withthe Board must have formal prior recognition of theState/U. T. Govt. Its application either should beforwarded by the States Govt. or there should be aNo Objection Certificate to the effect that StateGovernment has no objection to the affiliation ofthe school with the C.B.S.E. ‘‘No ObjectionCertificate’ once issued to any school will beconsidered at par even if it prescribes a specificperiod unless it is withdrawn. Condition ofsubmitting a No Objection Certificate will not beapplicable to categories 3.1 (i) to (iv).(a) The School/Society/Trust, or the Congregation orother Religious Body controlling the Society/Trustmanaging the school must have about two acres (or asotherwise permitted measurement) of land and a https://hcservices.ecourts.gov.in/hcservices/ building constructed on a part of land and properplaygrounds on the remaining land.Provided that the school may be graded as CategoryA+, Category A & Category B School as per thefollowing criteria:Category A + School Permanently affiliated schoolCategory A School Provisionally affiliated schoolwith land of at least 2 acres or of such measurementas has been permitted under Rule 3(ii), (b), (c),(d) & (e)Category B School Provisionally affiliated schoolwith following criterion:a) recognized by the Education Department or whoseapplication has been forwarded by it.b) does not possess land as per Category ‘A’ but hasnot less than 1.5 acre of land and also satisfiesthe following:* 250 sq. mtr. of area + 1 sq.mtr. for every studenton the rolls (for a middle school).* 500 sq.mtr. of area +1 sq.mtr. for every studenton the rolls (for a Secondary school).* 750 sq.mtr. of area +1 sq.mtr. for every studenton the rolls (for a Senior Secondary school).c) pays salaries as per State Govt./U.T. scales ofpayd) satisfies all the other conditions of AffiliationBye-Laws(b) In metropolitan cities with a populationexceeding 25 lacs, the land should not be lessthan one acre with adequate building & arrangementwith other institution/organization for impartingPhysical & Health Education and for conductinggames, to the satisfaction of the Board. In case oflease, it will be accepted if it is for at least 30years. Provided further that in case of any portionwhich is leased out below 30 years, such case may beconsidered provided that land has been allotted bythe Govt. or Govt. Agencies and it is as per the Lawof the land. In all such cases school should have atleast one acre of land by ownership or by lease for30 years and in all case the total land area shouldnot be less than about 2 acres.(c) In hilly areas, the land should not be less thanone acre. The norms as prescribed by the Planning https://hcservices.ecourts.gov.in/hcservices/ Commission shall be applicable for determining thehilly areas.(d) The land area for the schools seekingaffiliation in NCT, Delhi should not be lessthan the following:1.Senior Classes from All the 4000 Secondary pre-primary 4 streams sq.mts. To Class XII2.Senior Classes from Maximum 3000 Secondary pre-primary 2 streams sq.mts. To class XII3.Secondary Classes from 2000 School pre-primary sq.mts. To class X.(e) Classified cities under A -1 viz. Mumbai,Kolkata and Chennai within their limits of MunicipalCorporation be at par with the relaxation in landrequirement as has already been prescribed for Delhiunder Sub-Clause (d) above.(f) The schools which were granted affiliation uptoSecondary level on or before the year 1996 under the(relaxed condition of land requirement undercategory “B” or “C” may be considered forUpgradation to +2 stage provided. that they shouldhave atleast one acre of land.Provided further that such school will have only twosections at +2 level preferably one for non-vocational stream and one for vocational stream withthe provision that the number of candidates shallnot exceed 40 in each section.Provided further also that if the school is found tohave opened more than two sections it will attractviolation of provisions of Affiliation Bye-Laws ofthe Board.(iii) The Trust or Society/Management running theschool should be of non-proprietary character. Thelist of members with their addresses, occupations,qualifications and an affidavit from theChairman/Secretary stating how the members arerelated to each other or they are not related toeach other duly attested by first class magistrateshould be submitted. https://hcservices.ecourts.gov.in/hcservices/ (iv) The school should have well qualified staff asper the norms of the Board given in Chapter IX.(v) The school in India must pay salaries andadmissible allowances to the staff not less than thecorresponding categories of employees in the StateGovernment schools or as per scales etc. prescribedby the Government of India. The schools outsideIndia should pay salaries not lower than those ofthe teachers in government schools in that countryor not less than the salaries and foreign allowancespayable to KVS teachers if officially posted to thatcountry. A certificate to this effect should beobtained from the Indian Diplomatic Mission.(A) Provisional Affiliation :Those schools which fulfil the essential conditionsof the Affiliation Bye-Laws may be considered forProvisional Affiliation for a period of three yearssubject to fulfilling all the norms and conditionsof the Affiliation Bye-Laws with in this period. Incase the school(s) do not fulfil the norms andconditions of the affiliation due to some prudentreasons the Board may grant extension of provisionalaffiliation granted for a further period of 3 yearsto 5 years subject to fulfill the conditions ofaffiliation in the extended period.(B) Regular Affiliation :The schools run by Govt./Govt. Aided/KVS/NVS/CTSOwill be granted one time regular affiliation subjectto satisfying and fulfilling all thenorms/conditions of the Affiliation Bye – Lawsincluding of the land etc. Such school need notapply for extension of affiliation, but they have toremit annual fee as may be prescribed.(C) ... .... ...." On perusal of Rule 3(3)(1), it is evident that for seekingprovisional affiliation, formal prior recognition of theState/Union Territory is mandatory and its application should beforwarded by the State Government or there should be a NOC to theeffect that the State Government has no objection to grantaffiliation of the school with CBSE. The said rule clearlyestablishes the fact that approval of middle classsyllabus/affiliation of CBSE can be obtained by any private school,only if it is having prior recognition of the State Government orUnion Territory concerned and for change over to CBSE pattern i.e., https://hcservices.ecourts.gov.in/hcservices/ to get affiliation, NOC of the State Government is required.Therefore as rightly contended by the learned counsel for thepetitioner, without permission of the State authority andrecognition given by the State authority for any private school,the school is not entitled to apply for affiliation to CBSE fromStandard VI. Respondent No.7 herein are admittedly coming under thecategory of private management. Therefore all schools establishedby 7th and 8th respondent management can only be treated as privateschools as defined under section 2(7) of the Tamil Nadu RecognisedPrivate Schools (Recognition) Act, 1973.22. Section 3 of the Act empowers the Government to regulatethe different stages of education and courses of instruction inprivate schools, which reads as follows:"Section 3. Power of Government to regulate school education.-The Government may regulate the different stages of education andcourses of instruction in private schools.23.For establishing and administering a school, pre-primary,primary, middle, High School or Higher Secondary School, permissionfrom the competent authority is bound to be obtained under Section4 of the Tamil Nadu Recognised Private Schools (Recognition) Act,1973. Section 4 reads thus,"Section 4. New private school to obtainpermission.- Save as otherwise expresslyprovided in this Act, no person shall, withoutthe permission of the competent authority andexcept in accordance with the terms andconditions specified in such permission,establish on or after the date of thecommencement of this Act, any private school." Section 4 is prohibitory in nature stating that no person shallestablish any private school without the permission of thecompetent authority and except in accordance with the terms andconditions specified in such permission on or after commencement ofthe Act, which came into force from 24.6.1974. Section 5 of the Tamil Nadu Recognised Private Schools (Regulation)Act, 1973 reads as follows:"Section 5. Application or permission andsending of statement.- (1) The educational agency of everyprivate school proposed to be established on orafter the date of the commencement of this Actshall make an application to the competentauthority for permission to establish suchschool.(2)Every such application shall-(a)be in the prescribed form;(b)be accompanied by such fee not https://hcservices.ecourts.gov.in/hcservices/ exceeding one thousand rupees as may beprescribed; and(c)contain the following particulars,namely:-(i)the name of the private school and thename and address of the educational agency;(ii)the need for the private school in thelocality;(iii) the course for which such private schoolproposes to prepare, train or guide its pupilsfor appearing at any examination conducted by,or under the authority of the Government;(iii-a)the extent of the playgroundavailable to pupils and the adequacy of theplayground with reference to the strength ofthe pupils in the school;(iv)the amenities available to pupils andteachers;(v)the equipment, laboratory, library andother facilities for instruction;(vi)the sources of income to ensure thefinancial stability of the private school;(vii) the situation and the description of thebuildings in which such private school isproposed to be established; and(viii) such other particulars as may beprescribed."Section 5 mandates submission of application in the prescribed formby stating the extent of infraustructural facilities available,financial stability, description of the building, etc., and afterinspection and satisfaction the competent authority is required togrant permission and after getting permission, the private schoolnot being a minority School, shall apply for recognition. Section11 of the Act states that certificate of recognition will begranted only on compliance of recognition conditions, viz.,adequacy of schools already existing in the locality, the need forprivate schools in the locality, the number of pupil studying inthe locality, the extent of play ground and adequacy of the playground with reference to strength, the amenities available to pupiland teachers and other requirements viz., equipment, laboratory,library and other facilities for instructions. Thus, it is beyonddoubt that for any private school to be established within theState of Tamil Nadu, it has to necessarily apply for permissionfollowed with recognition and without permission, no school can beestablished. If schools are allowed to be established without anypermission and recognition, the object of regulating theestablishment, management and control of private schools will bedefeated. https://hcservices.ecourts.gov.in/hcservices/

24.The respondents 7 and 8 are conducting 36 schools neitherunder the Code of Matriculation or Anglo-Indian Schools. Hencethey are estopped from contending that the provisions of the TamilNadu Recognised Private Schools (Regulation) Act, 1973 and theTamil Nadu Recognised Private Schools (Regulation) Rules, 1974 arenot applicable to them.25. The U.N. Convention of Rights of the Child (1989recognised the rights of the child under Article 28 and in Article29 specifically states that the child are entitled to get educationfrom institutions, which conform such minimum standards as may belaid down by the State. Bearing the above and the law declared bythe Honourable Supreme Court, the Parliament enacted the Right toChildren to Free and Compulsory Education Act, 2009 and the saidAct came into force from 1.4.2010.26.Sections 2(n), 18 and 19 of the Right of Children to Freeand Compulsory Education Act, 2009 (Central Act 35 of 2009) arealso relevant for deciding the issue in this writ petition, whichread as follows:"18. No school to be established withoutobtaining certificate of recognition.—(1) Noschool, other than a school established, ownedor controlled by the appropriate Government orthe local authority, shall, after thecommencement of this Act, be established orfunction, without obtaining a certificate ofrecognition from such authority, by making anapplication in such form and manner, as may beprescribed.(2) The authority prescribed under sub-section (1) shall issue the certificate ofrecognition in such form, within such period,in such manner, and subject to such conditions,as may be prescribed:Provided that no such recognition shall begranted to a school unless it fulfils norms andstandards specified under Section 19.(3) On the contravention of the conditionsof recognition, the prescribed authority shall,by an order in writing, withdraw recognition:Provided that such order shall contain adirection as to which of the neighbourhoodschool, the children studying in thederecognised school, shall be admitted:Provided further that no recognition shall beso withdrawn without giving an opportunity ofbeing heard to such school, in such manner, as https://hcservices.ecourts.gov.in/hcservices/ may be prescribed.(4) With effect from the date ofwithdrawal of the recognition under sub-section(3), no such school shall continue to function.(5) Any person who establishes or runs aschool without obtaining certificate ofrecognition, or continues to run a school afterwithdrawal of recognition, shall be liable tofine which may extend to one lakh rupees and incase of continuing contraventions, to a fine often thousand rupees for each day during whichsuch contravention continues.19. Norms and standards for school.—(1) Noschool shall be established, or recognised,under Section 18, unless it fulfils the normsand standards specified in the Schedule.(2) Where a school established before thecommencement of this Act does not fulfil thenorms and standards specified in the Schedule,it shall take steps to fulfil such norms andstandards at its own expenses, within a periodof three years from the date of suchcommencement.(3) Where a school fails to fulfil thenorms and standards within the period specifiedunder sub-section (2), the authority prescribedunder sub-section (1) of Section 18 shallwithdraw recognition granted to such school inthe manner specified under sub-section (3)thereof.(4) With effect from the date ofwithdrawal of recognition under sub-section(3), no school shall continue to function.(5) Any person who continues to run aschool after the recognition is withdrawn,shall be liable to fine which may extend to onelakh rupees and in case of continuingcontraventions, to a fine of ten thousandrupees for each day during which suchcontravention continues."(Emphasis Supplied)Section 2(n) defines school as follows:"(n) "school" means any recognised schoolimparting elementary education and includes-(i) a school established, owned or controlled bythe appropriate Government or a local authority;(ii) an aided school receiving aid or grants tomeet whole or part of its expenses from the https://hcservices.ecourts.gov.in/hcservices/ appropriate Government or the local authority;(iii) a school belonging to specified category;and(iv) an unaided school not receiving any kind ofaid or grants to meet its expenses fro theappropriate Government or the local authority."From the perusal of Section 2(n) read with 18 it is evident thatall schools established other than Government and local authoritymust have certificate of recognition for establishment and suchrecognition can be granted only on fulfilling the norms andstandards as prescribed in Section 19. Sub-section (2) of Section19, provides three years time to fulfil norms and standards foralready established schools.27.Sub-section (2) of Section 19 will apply to schools dulyestablished with permission and recognition, having regard to thedefinition of school mentioned in Section 2(n). It is an enablingprovision to the existing recognised schools to fulfil the newnorms to continue recognition. The respondents 7 and 8 herein areadmittedly running 36 schools from the year 2009 without anypermission or recognition from any authority. The said 36 schoolsare not schools coming within the definition of Section 2(n) of Act35 of 2009. Therefore three years time given in sub-section (2) ofsection 19 has no application to 36 schools managed by therespondents 7 and 8. Consequently, the submission made by thelearned counsel for respondents 7 and 8 to that effect is rejected.28. A similar question arose in respect of Teacher TrainingInstitutions before the Honourable Supreme Court as to whetherawarding of degrees/diplomas by the recognised institutions(recognition granted prior to coming into force of NCTE Act, 1993)and pending their applications before the NCTE submitted in termsof Section 14(1) proviso are valid in the decision reported in 2010(8) Supreme 690 (State of U.P. & Others vs. Bhupendra Nath Tripathi& Others). The Supreme Court held that such degrees are valid asthe institution was duly recognised prior to the date of cominginto force of NCTE Act, 1993.29. Section 2(8) of the Tamil Nadu Public Buildings LicenceAct, 1965, defines "public building" which means any building usedas a School (including a tutorial college) or University or othereducational institution. The respondents 7 and 8 are admittedlyrunning 36 schools upto Standard II in 36 rental buildings and thesaid buildings are definitely coming within the definition of pubicbuilding. Section 3 mandates getting licence from the competentauthority for using any building as a public building andapplication for licence is required to be submitted under Section4. Thereafter the appropriate authority will conduct inspectionunder section 5 and satisfy regarding the structural soundness of https://hcservices.ecourts.gov.in/hcservices/ the building and whether necessary precautions have been taken forhaving access to such buildings. Therefore for running a school inany building on lease building, licence under the said Act (TamilNadu Act 13 of 1965) is mandatory and it will be given only for aperiod of three years subject to renewal on verifying thestructural soundness of the building. For all the 36 schools,respondents 7 and 8 have not even applied for building licence asrequired under the said statutory provision. Therefore therespondents 7 and 8 are running 36 schools in violation of the saidstatutory provisions, which enactment was made bearing in mind thesafety of school going children and staff members. To be moreprecise to prevent incidents happened in Sri Krishna School atKumbakonam, where 93 children were burnt alive.30.The contention of the respondents 7 and 8 are that thereare 3,397 children studying in 7th respondent school. In thecounter affidavit filed by the second respondent, after visitingthe school functioning at Alwarpet, Chennai-28, it was noticed thatthere was only one trained teacher for the classes conducted formpre-Kg to I standard. The class rooms are small in size and thereis no playground. It is also the contention of the respondents 7and 8 that fulfledged building will be constructed and now theschools are functioning in rented building only. Even though theTamil Nadu Recognised Private Schools (Regulation) Act, 1973 andRules 1974 permit private schools to be located in a rentedbuilding, infrastructural facilities and instructional facilitiesare bound to be provided as per the norms and standards viz.,appointing fully qualified teachers, adequate space in class rooms,sufficient play grounds, etc., are mandatory. The respondents 7and 8 are not even able to contend that the schools are having allinfrastructural and instructional facilities.31. The concern regarding education for children is expressedby the Honourable Supreme Court in the decision reported in 2003(1)SCC 687 (Rohit Singhal v. Jawahar N.Vidyalaya). In paragraph 6, itis held thus:-" 6. Children are not only the future citizens butalso the future of the earth. Elders in general, andparents and teachers in particular, owe aresponsibility for taking care of the well being andwelfare of children. The world shall be a better orworse place to live according to how we treat thechildren today. Education is an investment made by thenation in its children for harvesting a future cropresponsible adults productive of a well-functioningsociety. However, children are vulnerable. They need tobe valued, nurtured, caressed and protected." 32.The condition of getting permission and recognition fromthe competent authority for establishing and administering https://hcservices.ecourts.gov.in/hcservices/ educational institutions like schools, colleges of any kind inaccordance with the relevant Act and Rules/Regulations afterfulfilling the conditions prescribed therein is no longer resintegra. The following decisions can be usefully cited for thesaid proposition.(a)In 1993 WLR 545 (C.Stephenson Roobasingh v. State ofTamil Nadu & Others) and 1993 WLR 604 (P.M.Joseph v. State of TamilNadu & Others) the question arose before the Division Bench of thisCourt was whether any Teacher Training Institution can be permittedto conduct courses without recognition from the competent authorityand the norms prescribed for getting recognition was reasonable ornot. This Court held that no institution including minorityinstitution can establish Teacher Training Institution withoutgetting recognition/permission and the rules and guidelines issuedare bound to be complied with as the said guidelines/norms wereissued to promote excellence of education in the field of teachertraining course. The said decisions were upheld by the HonourableSupreme Court in the decision reported in AIR 1994 SC 43 (St.John'sT.T.Institute (For Women) Madurai vs. State of Tamil Nadu). Inparagraph 14 of the judgment, the time prayed by temporarilyrecognised Teacher Training Institutes to fulfil their new normsissued was negatived by the Supreme Court." 14. Mr.K.K.Venugopal contended that a distinctionhas to be made between the institutions which arefunctioning earlier to the coming into force of therecognition rules and those which have applied forrecognition for the first time. According to himchangeover period should be given to the existinginstitutes which are functioning on the basis oftemporary recognition. We do not agree with Mr.Venugopal.The training institutes which are functioning on thebasis of temporary recognitions are neither properlyorganised nor fully equipped to train the teachers. Theseinstitutes have done more harm than good to the cause ofeducation."(b)Safety of the students should be the paramountconsideration while establishing the educational institutions apartfrom instructional facilities, which is guaranteed under Article 21and 21A of the Constitution of India. In the decision reported in(2009) 6 SCC 398 (Avinash Mehrotra v. Union of India) in paragraphs35, 36, 38, 39, 46, 47 and 48 (in SCC) the Supreme Court held thus,"35.............. Parents should not becompelled to send their children to dangerousschools, nor should children suffer compulsoryeducation in unsound buildings.36. Likewise, the State's reciprocal dutyto parents begins with the provision of a freeeducation, and it extends to the State's https://hcservices.ecourts.gov.in/hcservices/ regulatory power. No matter where a familyseeks to educate its children, the State mustensure that children suffer no harm inexercising their fundamental right and civicduty. States thus bear the additional burden ofregulation, ensuring that schools provide safefacilities as part of a compulsory education. 38. This Court in Ashoka Kumar Thakur case((2008) 6 SCC 1) observed as under: (SCC p.660, para 482)“482. It has become necessary that theGovernment set a realistic target withinwhich it must fully implement Article 21-Aregarding free and compulsory educationfor the entire country. The Governmentshould suitably revise budget allocationsfor education. The priorities have to beset correctly. The most importantfundamental right may be Article 21-A,which, in the larger interest of thenation, must be fully implemented. WithoutArticle 21-A, the other fundamental rightsare effectively rendered meaningless.Education stands above other rights, asone's ability to enforce one's fundamentalrights flows from one's education. This isultimately why the judiciary must overseethe Government spending on free andcompulsory education.”39. In view of the importance of Article21-A, it is imperative that the education whichis provided to children in the primary schoolsshould be in the environment of safety. 46. It is the fundamental right of eachand every child to receive education free fromfear of security and safety. The childrencannot be compelled to receive education froman unsound and unsafe building.47. In view of what happened in LordKrishna Middle School in District Kumbakonamwhere 93 children were burnt alive and severalsimilar incidences had happened in the past,therefore, it has become imperative to directthat safety measures as prescribed by theNational Building Code of India, 2005 beimplemented by all government and privateschools functioning in our country. We directthat: https://hcservices.ecourts.gov.in/hcservices/ (i) Before granting recognition oraffiliation, the State Governments andUnion Territories concerned are directedto ensure that the buildings are safe andsecure from every angle and they areconstructed according to the safety normsincorporated in the National Building Codeof India.(ii) All existing government and privateschools shall install fire extinguishingequipments within a period of six months.(iii) The school buildings be kept freefrom inflammable and toxic material. Ifstorage is inevitable, they should bestored safely.(iv) Evaluation of structural aspect ofthe school may be carried outperiodically. We direct that the engineersand officials concerned must strictlyfollow the National Building Code. Thesafety certificate be issued only afterproper inspection. Dereliction in dutymust attract immediate disciplinary actionagainst the officials concerned.(v) Necessary training be imparted to thestaff and other officials of the school touse the fire extinguishing equipments.48. The Education Secretaries of eachState and the Union Territories are directed tofile an affidavit of compliance with this orderwithin one month after installation of fireextinguishing equipments." (Emphasis supplied)(c)In (2010) 12 SCC 609 (Rajasthan Pradesh Vaidya Samiti v.Union of India) in paragraphs 21 to 23 and 25 the Supreme Courtheld thus,"21. In Kerala Education Bill, 1957, In re(AIR 1958 SC 956) and T.M.A. Pai Foundation v.State of Karnataka ((2002) 8 SCC 481) thisCourt held that it is always open to the Stateor the statutory authority to lay downconditions for recognition of an educationalinstitution, namely, that the institution musthave particular amount of funds or propertiesor number of students or standard of educationand so on and so forth and it is alsopermissible for the legislature to make a lawprescribing conditions for such recognition, https://hcservices.ecourts.gov.in/hcservices/ however, such a law should be constitutionaland should not infringe any fundamental rightof the minorities, etc. Recognition is agovernmental function.22. This Court has persistently deprecatedthe practice of an educational institutionadmitting the students and to allow them toappear in the examinations without havingrequisite recognition and affiliation. Thiskind of infraction of law has been treated asof very high magnitude and of serious nature.Students of an unrecognised institution cannotlegally be entitled to appear in anyexamination conducted by any Government,university or board. (Vide Sunil Oraon v. CBSE,(2006) 13 SCC 673)23. Similarly, recognition must be therewith the school to make it subject to theprovisions of the Act. Recognition signifies anadmission or an acknowledgment of somethingexisting before. To recognise is to takecognizance of a fact. It implies an overt acton the part of the person taking suchcognizance. (Vide T.V.V. Narasimham v. State ofOrissa, AIR 1963 SC 1227)""25. In view of the above, it is evidentthat any institution which is not recognisedcannot impart an education and students thereofcannot appear in the examination held by theGovernment, university or board."(d)In the decision reported in (2011) 3 SCC 436 (State ofOrissa v. Mamata Mohanty) in para 58, the Honourable Supreme Courtemphasised the need for getting recognition. Paragraph-58 readsthus,"58. We are fully alive of the object andpurpose of according recognition andaffiliation to educational institutions. It isthe educational authorities of the State whichgrant recognition to a Committee of Managementfor opening or running an educationalinstitution. Affiliation is granted by theparticular university or Board for undertakingthe examination of the students of that collegefor awarding degrees and certificates.Therefore, while granting the recognition andaffiliation even for non-governmental and non-aided private colleges, it is mandatory toadhere to the conditions imposed by them, whichalso include the minimum eligibility for https://hcservices.ecourts.gov.in/hcservices/ appointment of teaching staff. The authority atthe time of granting approval has to apply itsmind to find out whether a person possessingthe minimum eligibility has been appointed. Inthe instant case, it appears to be a clear-cutcase of arbitrariness which cannot beapproved." (Emphasis supplied)(e)In (2011) 7 MLJ 324 (SC) (Chairman, Bhartia EducationSociety v. State of H.P.) the Supreme Court pointed out thatstudents admitted before getting recognition in the TeacherTraining Institution have no right to appear for the examination,even though the institution got recognition for subsequent years.The only direction issued was to admit the affected students ifthey seek fresh admission by relaxing the age.33. For admitting students before getting recognition andaffiliation, the Supreme Court awarded compensation of Rs.1 Lakh toeach student and the students, who passed their examinations wereheld ineligible to get appointment and these certificates were heldnot valid for any purpose in the judgment reported in 2011 AIR SCW3569 (Abhyudya Sanstha vs. Union of India and Others). Heavy costof Rs.2 lakhs was also imposed for getting interim order bysuppression of facts. The plea of the students that their rightswill be affected was also not accepted by the Honourable SupremeCourt.34.Thus, it is beyond doubt that without permission andrecognition no educational institution viz., Schools and Collegesof any kind are entitled to admit students and continuance ofeducational institutions without recognition was not permitted bythe Courts of Law. 35. The Tail Nadu Schools (Regulation of Collection of Fee)Act, 2009 (hereinafter called "Tamil Nadu Act 22 of 2009) wasenacted by the Government of Tamil Nadu to prevent exorbitantcollection of fees by private schools. In the said Act, 'fee' isdefined under Section 2(e) as follows:"2(e)"fee" means any amount, by whatevername called, collected directly or indirectlyby a school for admission of a pupil to anystandard or course of study"'Private School' is defined in Section 2(j) which states,"(j) “private school” means any pre-primaryschool, primary school, middleschool, high school or higher secondary school,established and administered or maintained byany person or body of persons and recognized orapproved by the competent authority under any https://hcservices.ecourts.gov.in/hcservices/ law or code of regulation for the time being inforce, but does not include,—(i) an aided school;(ii) a school established and administered ormaintained by the Central Government or theState Government or any local authority;(iii) a school giving, providing or impartingreligious instruction alone but not any otherinstructions;Explanation, - For the purpose of this Clause,-(1) "code of regulation" means the Code ofRegulations for Approved Nursery and PrimarySchools, Code of Regulations for MatriculationSchools and Code of Regulations for Anglo-Indian Schools;(2)(i) pre-primary school shall consist of Pre-KG to UKG;(ii) primary school shall consist of LKG toStandard V or Standards I to V;(iii) middle school shall consist of LKG toStandard VIII, Standards I to VIII orStandards VI to VIII;(iv)high school shall consist of LKG toStandard X, Standards VI to X or StandardsIX and X;(v)higher secondary school shall consistof LKG to Standard XII, Standards I to XII,Standards VI to XII or Standards XI and XII.(3)aided school conducting any classes orcourses, for which no money is paid as aid outof the State funds, shall be construed as aprivate school in so far as such classes orcourses are concerned."Section 3 prohibits the collection of excess fee. Fixation of feeby the Government is stated in Section 4 and for private Schools aCommittee constituted for that purpose is competent to fix the fee https://hcservices.ecourts.gov.in/hcservices/ considering the factors mentioned in Section 6. After arriving atthe fee leviable to the schools, the said decision shall becommunicated to the concerned School as per Section 6(2) and anyaggrieved private school can file their objection before theCommittee within 15 days and the Committee is competent to considerthe objection and pass orders and the orders passed therein will befinal and binding for three academic years.36.The provisions of the Act and Rules were challengedbefore this Court by various managements and the Division Bench ofthis Court upheld the said Act, except Section 11 of the Act andRules 4(4) and 4(5) of the Rules, in the decision reported in 2010(4) CTC 353 (cited supra). In paragraph 40 of the said judgmentthe Division Bench held thus,"40......... we do not find any merit inthe petitions, except to the extent thatSection 11 of the Act is held as ultra viresArticle 14 of the Constitution of India. Thepower of the Committee or its members underSection 11(2) of the Act and Rules 4(4) and 4(5) of the Rules thereunder to enter theprivate schools or its premises or those of themanagement at any time for the purposes ofsearch, inspection and seizure are held to bearbitrary and violative of Article 14 of theConstitution of India. Subject to this limitedintervention, the challenge to the otherprovisions of the Act is repelled."S.L.P. filed against the said Division Bench judgment inS.L.P.No.13428 of 2010 was dismissed by the Honourable SupremeCourt on 7.5.2010.37.In this case, the collection of fees by the 36 schools,the school fee is not fixed by the Fee Committee constituted by theState Government. The learned Advocate General submitted thatsince the 36 schools run by respondents 7 and 8 are not recognisedunder the Tamil Nadu Recognised Private Schools (Regulation) Actand Rules, Fee Committee has not fixed any fee to be collected fromthe students.38.It is the grievance of the petitioners that exorbitantfee is being collected from the students viz., Registration feeevery year, tuition fee and other fee. Since the respondents 7and 8 are running the schools in the State of Tamil Nadu withoutrecognition from any authority, the Tamil Nadu Recognised PrivateSchools (Regulation) Act and Rules are fully applicable to theschools run by them. As the respondents 7 and 8 are running 36schools without permission and recognition from the competentauthority, they cannot contend that any fee can be fixed to the https://hcservices.ecourts.gov.in/hcservices/ students in respect of their schools. The said stand is virtuallydefeating the object of the Act 22 of 2009 (Tamil Nadu Act), whichwas already upheld by the Supreme Court.39. The respondents 7 and 8 though have a right to establisheducational institutions under Article 19(1)(g) of the Constitutionof India, the said right can be exercised subject to Acts, Rulesand Regulations, which are held reasonable restrictions in terms ofArticle 19(6) of the Constitution of India. Even the respondentsguaranteed to minorities under Article 30(1) of the Constitution ofIndia is subject to regulatory measures and no one can claim thatone has got absolute right to establish educational institutionswithout recognition from the competent authority.40. In short, the contention of the respondents 7 and 8 seemsto be that they will not be subjected to any law till the schoolsare admitting students in VI standard and above and they cancollect any amount of fee as they think and no one is vested withany jurisdiction to interfere in their 36 schools which areestablished and is being administered from 2009 onwards. The saidcontention is definitely in violation of the statutory provisionsstated supra and the respondents 1 to 4 who are the controllingauthorities of school education in Tamil Nadu are bound to initiateaction in accordance with law. 41. How the State should behave in the matter of education isexplained by the Honourable Supreme Court in the decision reportedin 2011(8) SCC 737 (State of Tamil Nadu vs. K.Shyam Sunder). Inparagraph-86, it is held thus:" 86. The State Government should have acted bearingin mind that "destiny of a nation rests with its youths".Personality of a child is developed at the time of basiceducation during his formative years of life. Their careershould not be left in dolorific conditions with uncertaintyto such a great extent. The younger generation has tocompete in global market. Education is not a consumerservice nor can the educational institution be equated withshops, therefore, "there are statutory prohibitions forestablishing and administering educational institutionswithout prior permission or approval by the authorityconcerned."42. The contention of respondents 9 and 10 that if the schoolsare not permitted to run the students already admitted will beaffected is not a ground to be accepted by this Court or theDepartment. Section 5 of the Act 35 of 2009 enables the parents toget transfer to nearby schools as a matter of right and no studentshall be denied admission even during the extended period as perSection 15 of the said Act. https://hcservices.ecourts.gov.in/hcservices/

43.For the foregoing reasons, this Court is of the firm viewthat the petitioners have made out a case for taking appropriateaction against 36 schools run by the respondents 7 and 8, byrespondents 1 to 4. Hence, a direction is issued to therespondents 1 to 4 to initiate action against 36 schools incompliance with the provisions of the Tamil Nadu Recognised PrivateSchools (Regulation) Act, 1973 and the Rules 1974 and Code ofRegulations for approved Nursary and Primary Schools in Tamil Nadunotified in G.O.Ms.No.484, Education Department, dated 24.4.1991and relevant laws within four weeks. As the petitioners areobjecting the exorbitant demand of fees from their children, therespondents 7 and 8 are restrained from demanding any further feefrom the petitioners till action is taken by respondents 1 to 4.The writ petition is partly allowed with the above directions.No costs. Connected miscellaneous petitions are closed. vrSd/-Asst. Registrar//True Copy//Sub Asst. RegistrarTo1.The Secretary to Government,Department of Education,Fort St.George, Chennai – 9.2.The Director of Elementary Education,Tamil Nadu, Office at DPI Campus,College Road,Chennai – 6.3.The Chief Educational Officer, Chennai.4.The District Elementary Education Officer, Chennai.5.The Director, Central Board of Secondary Education,Egmore, Chennai – 8.6.The Commissioner of Police, Chennai City,Egmore, Chennai – 8. https://hcservices.ecourts.gov.in/hcservices/ + 1 cc to M/s. Sathish Parasaran, Advocate SR No.65270+ 2 ccs to M/s. A. Arul Mozhi, Advocate SR No.65272+ 1 cc to Government Pleader, SR No.65464TS(CO)SR/29.10.2011W.P.No.20336 Of 2011