The petitions moved on behalf of the students studying in the private unaided schools have contended that the single judge’s May 31 decision was based on incorrect facts and law.
New Delhi: A number of appeals, including one by the AAP government, have been appealed to the Delhi High Court against its one-judge decision to allow disadvantaged private schools to collect annual and development fees for alumni after the end of the national capital last year.
Applications filed on behalf of non-assisted private school students have argued that the May 31 single judge’s decision was based on incorrect facts and the law.
One judge, in its May 31 decision, overturned two April and August 2020 orders issued by the Delhi government’s Directorate of Education (DoE) that prohibited and postponed annual collections and development finances, saying that was “illegal” and ultra vires “Responsible powers (DoE) are defined under the Delhi Education Act (DSE) and the Regulations.
One judge said the Delhi government had no power to permanently reduce the collection of annual expenditure and development funds in non-performing private schools because that would prevent them from operating illegally.
The Delhi government, in its application, filed a petition with its acting lawyer Santosh K Tripathi, arguing that his April and August orders last year were issued for the benefit of the public because of the deaths of people who were in financial trouble.
The DoE has argued that “charging fees are not the only source of additional revenue” and therefore, any perception contrary to this would not only harm the interest of unassisted private schools, but would be difficult to control.
The DoE said that if schools were not regulated, they would decide for themselves how they would be funded “according to their wishes and preferences” and therefore, it was obligatory not to allow any other head of funding other than that required to be charged as ‘money’.
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Student appeals have revealed that the cost of setting up, such as building renovations, administration costs, rent and hostel costs, does not apply when schools close.
They also argued that the annual and development fees were only suspended and not stopped and that schools could charge the same fees if the disease situation was normal.
The students’ appeal and this submission by the DoE also revealed that the conditions imposed by the High Court of the Indian School, Jodhpur and the State of Rajasthan, could not apply in Delhi, as education laws in both provinces are different.
One judge said the schools would collect annual fees with a 15 percent deduction as allowed by the high court in the Indian School case.
One judge also ruled that student fees should be paid in monthly installments from June 10.
Some of the high court rulings, included in the May 31 ruling, were – schools would be open to give permission to other students or change a different way of giving permission, administrators would not arrest any student to go to online or physical classes or reserve test results for non-payment and student name these Board tests will also not be reserved for non-payment of arrears / bills.
The May 31 decision was made at the request of the Action Committee Unaided Recognized Private Schools, representing 450 private schools, through attorney Kamal Gupta.
The organization challenged two orders from the DoE office in April and August last year on the grounds that they were restricting the right of private schools to pay their own fees.
The organization argued that restricting the collection of money at certain times or in certain amounts was illegal and without authority or authority.
It also said that the DoE has limited financial control, which is the only way to prevent trade and profit.
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