Fee order stands, parents must pay 1st instalment: HC

THE DELHI GOVT STANDING

COUNSEL TOLD THE COURT THE STATE WILL CHALLENGE THE ORDER

City private schools on Monday assured the Delhi high court that they will give 15% concession on development fee and annual charges for the current academic year, and that these can be paid in six monthly instalments, even as a bench of justices Rekha Palli and Amit Bansal rejected a Delhi government plea to stay an earlier order allowing schools to levy such charges.

In a statement before the court, the Action Committee Unaided Recognised Private Schools (ACURPS) — a body of 450 private unaided schools in Delhi — said they will, till the next hearing, follow principles laid down by justice Jayant Nath in his order on May 31. Justice Nath ruled that schools may collect these charges for the last academic year, on a monthly basis, but only after a 15% reduction in the payable amount, in lieu of unutilised facilities (such as water and electricity) during the lockdown.

The state challenged the ruling on Friday, arguing that “schools being charitable organisations are adopting an inhumane approach by charging parents more in the unprecedented time of the pandemic”.

The bench on Monday said, “We are rejecting the stay application,” adding that the parents should pay the first instalment.

It also remarked that the state government should not be “populist”, and asked them to give subsidies to the schools since they have to pay taxes.

“Please don’t just be a populist government saying that oh we have done this. It’s not a short term lockdown; things were different last year… The Delhi government should give some money (subsidy) to the schools,” justice Palli said.

Justice Nath, in his order, quashed two orders issued by the Delhi government, on April 18 and August 28 last year, which restricted private schools in the city to collect additional charges. He, however, said students should not be barred from

NEW DELHI:

attending classes over the nonpayment of the fees.

Advocate Kamal Gupta, representing the private schools, said, “Schools have been standing right besides the parents in these tough times and in continuation to that have extended the reduction of 15% as also instalments system for this year’s tuition and development fee”.

Advocate Santosh Tripathi, standing counsel of the Delhi government, said the government will challenge the order as “it is in the teeth of several judgments of the division bench of the high court and the Supreme Court”.

Senior advocate Shyam Diwan, counsel for (ACURPS), told the court on Monday that they will follow the principles laid down by the single judge for this academic year also.

Senior advocate Vikas Singh, for the Delhi government, argued that the extra charges such as the development fees was suspended as upgrades, improvements and maintenance are not required when schools are shut for more than a year-and-a-half and since there is no wear and tear in the furniture and fixtures.

Opposing the stay application, Diwan told the court that the Delhi government did not have the powers to issue such a diktat. He said the schools have not indulged in commercialisation and profiteering which has been noted by the single judge.

Advocate Khagesh B Jha, appearing for four private parties challenging the judgment, also said parents have received bills of around ₹1 lakh per child.

The court noting the submissions declined to grant stay and issued notice to the private schools on the plea by the city government.

The Delhi government did not respond despite repeated requests for comment.