High Court · 2025

W.P.No.19514 of 2022IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 23.09.2025CORAM:THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYANW.P.No.19514 of 2022Bharat Catering & Hotel Management Industrial School, Rep. by its Correspondent, Kalaikathiravan, 428, Thanjai Main Road, Ammaiyappan, Thiruvarur & District.... PetitionerVs.1.The Government of Tamil Nadu, Rep. by its Additional Chief Secretary, Labour and Employment Department, Fort St.George, Chennai - 600 009. 2.The Adi-Dravidar and Tribal Welfare Department, Rep. by its Secretary to Government, Fort St.George, Chennai - 600 009. 3.The Director, Labour and Employment Department, Guindy, Chennai - 600 032. 4.The District Adi Dravidar and Tribal Welfare Officer, Thiruvarur & District....Respondents1/9 https://www.mhc.tn.gov.in/judis W.P.No.19514 of 2022PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the first respondent in Letter No.7457/S2/2019-4, dated 04.02.2020 and quash the same and consequently direct the first respondent to fix the tuition fees to the petitioner's institute and also to further direct the second respondent to pay the fees to the petitioner's institution from the academic years 2013-2017. For Petitioner: Mr.P.VijendranFor Respondents : Mr.N.Naveen Kumar Government AdvocateO R D E RThis writ petition has been filed challenging the order passed by the first respondent dated 04.02.2020 thereby rejected the request made by the petitioner for fixation of tuition fees to the petitioner's industrial school. 2.The petitioner's school is having number of training courses regarding Hotel Managements and Catering Courses such as Front Office Management, Food Products, Food and Beverage Service and Front Office and Hotel Operation Management Housekeeping. 3.The petitioner has started the courses of Front Office 2/9 https://www.mhc.tn.gov.in/judis W.P.No.19514 of 2022Management, Food Production, Food and Beverage Service, Front Office and Hotel Operation Management and A.C. Mechanic after getting approval from the third respondent. The approval was given for a period of three years and subsequently, it was renewed. These courses are sponsored by the Central Government. 4.The fee structure should be fixed by the third respondent in respect of the skilled courses i.e., 3 months, 6 months courses on consonance with the fees fixed by the Central Government for the same courses. Therefore, the petitioner made a request and this Court also directed to consider the representation for fixing the fees in W.P.No.8040 of 2014. However, the said request was rejected by the impugned order in this writ petition.5.The learned counsel for the petitioner submitted that the first respondent passed the impugned order stating that “government funding would be available for any training/educational programmed/courses which is not National Skill Qualify Framework (NSQF) complaint” and the said reason is unacceptable because the courses are enlisted in the 3/9 https://www.mhc.tn.gov.in/judis W.P.No.19514 of 2022NSQF list. 6.He further submitted that the second respondent has approved the courses, providing syllabus, fixing the duration of courses, conducting examinations in their own centre, and also issuing mark statements. Therefore, they are duty bound to frame syllabus complaint with the NSQF. Most of the students are coming from socially and economically backward families. Therefore, the first respondent provided tuition fees through G.O.(Ms.)No.92 dated 11.09.2012. After fixing the fees by the first respondent, the second respondent has to pay the same.7.On perusal of the counter filed by the first respondent and also the submissions made by the learned Government Advocate for the respondents revealed that, the Department of Employment and Training, Chennai, is giving affiliation orders to the private industrial schools every year to impart vocational training. Accordingly, Bharat Institute of Hotel Management and Catering Technology Industrial School, Tiruvarur, was temporarily affiliated to impart training under the various trades. However, those courses are not sponsored by the Central Government.4/9 https://www.mhc.tn.gov.in/judis W.P.No.19514 of 20228.The first respondent has decided to promote the SC/ST students as top echelon professionals, for which the second respondent had issued G.O.(Ms.)No.92, Adi Dravidar and Tribal Welfare Department, dated 11.09.2012, stating that the tuition fees are paid by the State Government itself to the SC/ST students who are studying in all the self-financing educational institutions. Accordingly, they are availing the tuition fees for their higher studies. 9.Further, the Government Order has not extended to the self-financing (private) industrial training institutes and industrial schools under the Adi Dravidar and Tribal Welfare Department. Therefore, while issuing Government Order, the fee committee for self-financing colleges appointed by the State Government is not aware of self-financing (private) industrial training institutes and industrial schools of this department similar to other educational institutions. Therefore, the committee did not consider those institutions in the Government Orders.10.The Government Order in G.O.(2D) No.77, Labour and Employment (S2) Department, dated 02.08.2018 has constituted a 5/9 https://www.mhc.tn.gov.in/judis W.P.No.19514 of 2022Committee to fix the training cost to the industrial school trainees. It submitted a report and the same was sent to the first respondent. Accordingly, instructed to analyse the report submitted by the fee fixation committee with regard to the upgradation of industrial school. As per the report submitted by the fee fixation committee, it was informed to upgrade the industrial school syllabus on par with NSQF.11.The Government of India, Ministry of Skill Development and Entrepreneurship and Human Resource Development had jointly developed the details for NSQF and the same was notified by the Ministry of Finance in the Gazette of India on 27.12.2013. Accordingly, the government funding would not be available for any training / educational programme / course which is not NSQF complaint.12.Further, the Government of India issued the revised guideline with regard to the issuance of post matric scholarship to the SC/ST students. Accordingly, the fees claimed against management quota seats and spot admission seats in any institution / University will not be reimbursed. That apart, the syllabus of the petitioner's industrial school is 6/9 https://www.mhc.tn.gov.in/judis W.P.No.19514 of 2022not aligned with NSQF guidelines. Therefore, the fixation of tuition fees is not feasible for compliance. Since the syllabus of the industrial school courses is not aligned with the NSQF standard, the fixation of tuition fees for the industrial school trainees is not possible. Hence, the request made by the petitioner was rightly rejected by the first respondent.13.Hence, this Court finds no infirmity in the order passed by the first respondent and the same has to be dismissed. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. 23.09.2025Speaking order / Non-speaking orderIndex: Yes / NoNeutral Citation: Yes / Nosri7/9 https://www.mhc.tn.gov.in/judis W.P.No.19514 of 2022To1.The Additional Chief Secretary, Government of Tamil Nadu, Labour and Employment Department, Fort St.George, Chennai - 600 009. 2.The Secretary to Government, Adi-Dravidar and Tribal Welfare Department, Fort St.George, Chennai - 600 009. 3.The Director, Labour and Employment Department, Guindy, Chennai - 600 032. 4.The District Adi Dravidar and Tribal Welfare Officer, Thiruvarur & District.8/9 https://www.mhc.tn.gov.in/judis W.P.No.19514 of 2022G.K.ILANTHIRAIYAN, J.sriW.P.No.19514 of 202223.09.20259/9