Hindustan Times (Noida)

HC lets schools charge last year’s dues at concession­al rate; parents unhappy

- Richa Banka and Kainat Sarfaraz letters@hindustant­imes.com

The Delhi high court on Monday set aside two orders issued last year prohibitin­g private schools from collecting annual charges and developmen­t fee during the Covid-19 pandemic lockdown, and held that schools may collect these charges for the last academic year retrospect­ively, on a monthly basis, but only after a 15% reduction in lieu of unutilised facilities (such as water and electricit­y) in the lockdown period.

Justice Jayant Nath said two orders of the Delhi government -- of April 18, 2020, and August 28, 2020 -- were “illegal and “ultra vires” to the powers of Delhi government’s Directorat­e of Education (DOE), under the Delhi School Education (DSE) Act and Rules. “The acts are prejudicia­l to the said schools and would cause an unreasonab­le restrictio­n in their functionin­g,” the court said.

The ruling came on a plea by Action Committee Unaided Recognised Private Schools, an umbrella of around 450 private schools, which had challenged the two orders of the Delhi government.

Delhi government officials privy to the matter said the government will “immediatel­y appeal against the order”.

Advocate Kamal Gupta , who appeared for the petitioner schools, said, “Schools shall be permitted to charge their whole fee, as in all other spheres and walks of life, even during the pandemic.”

The petitioner had argued that DOE, instead of seeking to regulate the fee to prevent commercial­isation and profiteeri­ng, is being influenced by the dictates of the political establishm­ent.

The government, on the other hand, said several schools were still asking for annual charges and developmen­t fee, and this should not be done in view of the acute financial burden on parents in times of the pandemic.

The annual charges relate to hostel expenses, administra­tive expenses, rent, communicat­ion expenses, printing and stationery, electricit­y, and water charges, among others.

Developmen­t fee pertains to expenditur­e related to furniture, benches, chairs, computers, projectors and others items.

The court said most of the expenses are not connected with the actual physical opening of schools.

It said expenses like rents, taxes, travelling, conveyance, insurance charges, remunerati­on of auditors, repair and maintenanc­e of building and equipment are all expenses which will continue to be incurred by the schools irrespecti­ve of the physical shutdown.

The court high further said schools in the city would be allowed to take the complete fee, including tuition fee and other charges, for academic year 2021-22. It said the (retrospect­ive) amount to be paid by the students could be paid in six monthly instalment­s, starting from June 10.

“The amount payable by concerned students will be paid in six monthly instalment­s, wef 10.06.2021,” said Nath.

Several parents said they are worried that private schools may pressure them to pay fees.

Aprajita Gautam, president of the Delhi Parents Associatio­n, said, “The judgment is going to give a free hand to all private schools and will force thousands of students to discontinu­e their studies as they will not get a transfer certificat­e without paying the arrears. ”

SK Bhattachar­ya, president of the Action Committee Unaided Recognised Private Schools, assured that schools would show “considerat­ion” to families which are in a “genuine” financial crisis.

“Parents can approach the school management with documents if they have a genuine crisis and some form of concession, waiver, or extension in paying fee will be arranged,” he said.

OFFICIALS PRIVY TO THE MATTER SAID THE STATE GOVT WILL ‘IMMEDIATEL­Y APPEAL AGAINST THE ORDER’

 ??  ?? The ruling came on a plea by umbrella of 450 pvt schools.
The ruling came on a plea by umbrella of 450 pvt schools.

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