Judgment :-

S.B. SINHA, J.

1. The Parliament enacted the Delhi School Education Act, 1973 (for short "the Act") to provide for better organization and development of school education in the National Capital Territory of Delhi (NCT) and for matters connected therewith or incidental thereto. The Act deals with education at pre-primary stage, primary stage, secondary stage and senior secondary stage.

2. The Act contains an interpretion clause defining a large number of words mentioned therein including `aided school, `minority school and `unaided minority school.

Section 3 of the Act empowers an "Administrator" to regulate education in schools. Section 5 provides for the scheme of management of every recognized school in terms of the rules framed under the Act. It provides for the mode and manner in which fees and other charges to be levied and collected by the schools.

Section 18 provides for a `school fund known as the "Recognised Unaided School Fund"; Sub-section (4) whereof mandates that income derived by unaided schools by way of fees shall be utilized for such educational purposes as may be prescribed.

Section 24 provides for inspection of schools; sub-section (3) whereof reads as under:

"(3) The Director may give directions to the manager to rectify any defect or deficiency found at the time of inspection or otherwise in the working of the school."

Section 27 of the Act contains a penal provision. Rule making power of the Administrator is specified in Section 28 thereof, clauses (r), (s), (u), (v) and (w) of Sub-section (2) whereof read as under:

"(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

r) fees and other charges which may be collected by an aided school;

s) the manner of inspection of recognised schools

u) financial and other returns to be filed by the managing committee of recognised private schools, and the authority by which such returns shall be audited;

v) educational purposes for which the income derived by way of fees by recognised unaided schools shall be spent;

w) manner of accounting and operation of school funds and other funds of a recognised private school;"

3. In exercise of the said rule making power, the Government of National Capital Territory of Delhi framed rules known as the Delhi School Education Rules, 1973 (for short "the Rules").

Chapter XIII of the Rules is divided in three parts. Part A deals with fees and other charges in aided schools, Part B deals with fee concessions and Part C provides for pupilsfund. Chapter XIV deals with `School fund.

I may notice Rules 172, 173, 177(1), 177(2)(b), (c), (d), (e) (3) and (4), which read as under:

"172. Trust or society not to collect fees, etc., schools to grant receipts for fees, etc., collected by it. -- (1) No fee, contribution or other charge shall be collected from any student by the trust or society running any Recognized school; whether aided or not.

(2) Every fee, contribution or other charge collected from any student by a Recognized school, whether aided or not, shall be collected in its own name and a proper receipt shall be granted by the school for every collection made by it.

173. School Fund how to be maintained.--(1) Every School Fund shall be kept deposited in a nationalized bank or a scheduled bank or any post office in the name of the school.

(2) Such part of the School Fund as may be approved by the Administrator, or any officer authorized by him in this behalf, may be kept in the form of Government securities.

(3) The Administrator may allow such part of the School Fund as he may specify in the case of each school, (depending upon the size and needs of the school) to be kept as cash in hand.

(4) Every Recognised Unaided School Fund shall be kept deposited in a nationalized bank or a scheduled bank or in a post office in the name of the school, and such part of the said Fund as may be specified by the Administrator or any of