Tuesday, September 28, 2010

Stay of Govindarajan panel report opposed before Madras HC

Stay of Govindarajan panel report opposed

SPECIAL CORRESPONDENT

CHENNAI, September 28, 2010

The First Bench of the Madras High Court on Monday granted permission to an organisation representing educationists and education activists to file an appeal against the Single Judge order staying the operation of the recommendations Justice Govindarajan Committee appointed by the State government to fix fee structure in private schools. Chief Justice M. Yusuf Eqbal and Justice T.S. Sivagnanam permitted P.B. Prince Gajendra Babu, general secretary, State Platform for Common School System, to file the appeal.

The Single Judge on September 14 gave an interim injunction on a petition filed by the Federation of Association of Private Schools in Tamil Nadu. According to Mr. Babu, the order of the Single Judge was "a nullity on the ground that none of the persons who will be vitally affected by the order was heard by the Court…."

He said in this case the persons who would be vitally affected by any order of the High Court would be the students and their parents and not the State government or the committee.

In support of his case, Mr. Babu recalled a Supreme Court judgment that "a High Court ought not to decide a writ petition under Article 226 of the Constitution without the persons who will be vitally affected by its judgment being before it as respondents or at least by some of them being before it as respondents in a representative capacity."

He said the court had ignored the dictum of the Supreme Court that all persons likely to be affected by the outcome of the writ petition should be made parties to the writ petition and passed an order without hearing any student or a parent.

Pointing out that his impleading petition was still pending and no counter had been filed, he sought permission to file an appeal as a third party and made a prayer for suspending the Single Judge order.

Courtesy_

Also read the related stories

High Court order on fee evokes mixed response

Meera Srinivasan


"We are waiting for order copy to understand the modalities to be followed henceforth"

"Until there is a further order, schools will continue fleecing us"


CHENNAI: Many private schools are happy, but scores of parents are worried after the Madras High Court stayed the operation of the fee structure for private unaided schools in the State.

D.C. Elangovan, secretary, Federation of Associations of Private Schools in Tamil Nadu, said the order had brought great relief to several schools. "We thought that the fee prescribed by the Private Schools Fee Determination Committee was too less and went to court. We are waiting for the order copy to understand the modalities to be followed henceforth."

After the Private Schools Fee Determination Committee, chaired by former judge of the Madras High Court Justice K. Govindarajan stipulated the fees to be collected, nearly 6,500 private schools had raised objection and sought revision.

The committee, in its response had stated that a decision on revision would be taken next year as it required re-inspection of the institutions. Until then, schools were expected to charge the fee it had prescribed. However, Tuesday's order permits schools that had filed a writ petition on the matter to charge the fees they intended to, at the beginning of the academic year, according to N. Vijayan, general secretary, Federation of Matriculation Schools' Associations in Tamil Nadu.

Parents' concerns

Parents are now a worried lot. "Until there is a further order, schools will continue fleecing us. This means that I will have to pay Rs.6,500 for the second term tomorrow and we cannot question the management," said the father of a class VI student. The last few weeks saw some parents of city schools, including C.S.I. Ewart Matriculation Higher Secondary School, Sethu Bhaskara Matriculation Higher Secondary School, Ambattur, CSI Jessie Moses Matriculation Higher Secondary School, Anna Nagar, CSI Bain Matriculation Higher Secondary School, Kilpauk and Alpha Matriculation Higher Secondary School, protesting against the "high fees".

R. Muthukrishnan, parent of a student going to CSI Bain Matriculation Higher Secondary School, Kilpauk, said a meeting between parent-representatives and members of the school's management were scheduled on Wednesday. "After some parents staged a protest a few weeks ago and met members of the Govindarajan Committee, the management stopped collection of fees and said they would hold a meeting with parents. We will know tomorrow," he said.

The CPI (M) has urged the government to take steps to ensure that schools did not collect more than the fee prescribed by the committee.

"The Chief Minister and the Education Minister have remained silent on the issue. The government should act immediately," the party's State secretary G. Ramakrishnan said in a statement. The SFI and the DYFI said that they would hold a demonstration on Wednesday, urging the government to go for another appeal in the matter.

© Copyright 2000 - 2009 The Hindu

Courtesy_

http://www.thehindu.com

1 comment:

  1. now all that this does bring about is more complication in the current education system. There is nothing about equality with the defined fees, its all politics. A government school child is well taken care of than the private school, with the current system taking effect. The government does not pay up the teachers salary, nor do they stop taking bribes for providing licences to colleges and schools. Well if they would not stop any of this and set an absurd price ceiling, that cannot be implemented in reality, then why do it?
    Pure politics to get the parents to gear up for the upcoming elections and sweep in some votes, I'd honestly like my child to go to a nice school where they have qualified and literate teachers fit for their job, which of course calls for a better pay, in turn resulting in a higher fee.

    ReplyDelete

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