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Delhi-High court

School fees: Delhi HC issues notice

June 8, 2021

The Delhi High Court’s Division Bench issued a notice on the Delhi government and students challenging a Single Bench order allowing private, unaided, recognised schools to collect developmental fees from the students amist the lockdown period. 

Meanwhile, the Division Bench of Justice Rekha Palli and the Delhi High Court refused to stay the single bench order. They have given another date for further hearing. 

Advocate Vikas Singh, who appeared for the Delhi government said that the Single Bench order will overstress the parents. Accordingly, 60 per cent of the tuition fees is enough to pay the salaries of the teachers and other expenses. 

Advocate Shyam Divan represented the Action Committee for unaided, recognised, private schools.

Delhi government and others too have filed an appeal against the single judge order allowing private, unaided, recognised schools to collect developmental fees from the students for the period after the lift of the lockdown. 

The single judge bench had said that the government has no right to postpone the collection of fees and other annual charges from the students indefinitely. 

During the course of hearing, the appellants had requested the Bench to pass an interim order for maintaining status quo. While declining to pass any such orders, the Court listed the petitions for further consideration on June 7. “Present appeals have been received by way of transfer from DB-I. Since this Court has had no time to peruse the impugned judgment, list the present matters before the Vacation Bench on 07th June, 2021,” the Court observed.

The clutch of pleas were filed assailing the order passed by the single judge bench comprising of Justice Jayant Nath wherein the bench had held thus: “The impugned acts are prejudicial to the said Schools and would cause an unreasonable restriction in their functioning. In the above facts and circumstances, clearly the impugned orders dated 18.04.2020 and 28.08.2020 issued by the respondent to the extent that they forbid the petitioner/postpone collection of Annual Charges and Development Fees are illegal and ultra vires the powers of the respondent stipulated under the DSE Act and the Rules. The orders to that extent are quashed.”

Meanwhile, the Delhi government has said that the decision was taken in larger public interest, keeping in mind the present pandemic situation. Action Committee unaided recognised private schools which represents 450 private unaided schools has challenged the government’s notifications in front of the single bench. 

Also Read: Karnataka: High Court issues notice on fee reduction, other pleas

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