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2004 Supreme(SC) 572

S. B. SINHA, S. H. KAPADIA
Modern School – Appellant
Versus
Union Of India – Respondent


Judgement Key Points

What is the authority of the Director of Education to regulate the quantum of fees charged by unaided schools under section 17(3) of the Delhi School Education Act, 1973? What is the legality of the Director’s direction under section 24(3) (no transfer of funds from the Recognized Unaided School Fund to the society/trust or any other institution) in relation to rule 177 of the Delhi School Education Rules, 1973? Are managements of recognised unaided schools entitled to set up a Development Fund Account and levy development fees under the Act and rules?

What is the authority of the Director of Education to regulate the quantum of fees charged by unaided schools under section 17(3) of the Delhi School Education Act, 1973?

What is the legality of the Director’s direction under section 24(3) (no transfer of funds from the Recognized Unaided School Fund to the society/trust or any other institution) in relation to rule 177 of the Delhi School Education Rules, 1973?

Are managements of recognised unaided schools entitled to set up a Development Fund Account and levy development fees under the Act and rules?


JUDGMENT

Kapadia, J.-In this batch of civil appeals, following three points arise for determination:-

(a) Whether the Director of Education has the authority to regulate the quantum of fees charged by un-aided schools under section 17(3) of Delhi School Education Act, 1973?

(b) Whether the direction issued on 15th December, 1999 by the Director of Education under section 24(3) of the Delhi School Education Act, 1973 stating inter alia that no fees/funds collected from parents/students shall be transferred from the Recognised Un-aided Schools Fund to the society or trust or any other institution, is in conflict with rule 177 of Delhi School Education Rules, 1973?

(c) Whether managements of recognised unaided schools are entitled to set-up a Development Fund Account under the provisions of the Delhi School Education Act, 1973?

2. Since the aforestated three points arise in all the civil appeals the same are taken up together and disposed-of by this common judgment.

INTRODUCTION :

3. In modern times, all over the world, education is big business. On 18th June, 1996, Professor G. Roberts - Chairman of the Committee of Vice-Chancellors a






















































































































































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