HC asks Delhi govt file submissions on pleas against order allowing pvt schools to charge annual fees

 New Delhi, July 12

The Delhi High Court Monday asked the Delhi government and other parties to file written submissions in pleas challenging a single judge order allowing private unaided schools to collect annual and development charges from students for the period after the lockdown ended in the national capital last year.

A bench of Chief Justice D N Patel and Justice Jyoti Singh listed the matter for July 14 after all the advocates said it be given final hearing on Wednesday.

“Parties may file their written submissions before the next date of hearing. List on July 14,” the bench said.

The high court had on June 7 issues notices and sought responses of the Action Committee Unaided Recognised Private Schools, which represents over 450 schools, on the appeals of AAP government, students and an NGO challenging the single judge’s May 31 order.

The division bench, however, had refused to stay the single judge’s order.

It had earlier recorded the statement made by senior advocate Shyam Divan and lawyer Kamal Gupta, representing the action committee that till the next date of hearing, they will continue to follow the existing principles in relation to collection of fees from students.

The Delhi government and the students and NGO ‘Justice for All’ have contended that the single judge’s decision was based on incorrect facts and law.

The May 31 verdict had quashed two office orders of April and August last year issued by the Directorate of Education (DoE) of the Delhi government forbidding and postponing collection of annual charges and development fees, saying they were “illegal” and “ultra vires” the powers of DoE stipulated under the Delhi School Education (DSE) Act and the Rules.

The single judge, in the May 31 order had said the Delhi government has no power to indefinitely postpone collection of annual charges and development fees by private unaided schools as it would unreasonably restrict their functioning.

The Delhi government has contended that its orders of April and August last year were issued in larger public interest as due to the COVID-19 lockdown people were in financial crisis.

The single judge verdict, passed on the plea by Action Committee Unaided Recognised Private Schools, said that schools shall collect annual fees with a deduction of 15 per cent as allowed by the apex court in the Indian School case.

It also said the amount payable by the students have to be paid in six monthly installments from June 10. PTI