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2016 Supreme(Del) 286

G.ROHINI, JAYANT NATH
JUSTICE FOR ALL – Appellant
Versus
GOVT OF NCT OF DELHI – Respondent


Advocate Appeared:
For the Appellant :Mr. Khagesh B. Jha, Advocate.
For the Respondent: Mr. Santosh Kumar Tripathi, ASC for GNCTD/R-1.
Mr. Arun Birbal and Mr. Sanjay Singh, Advocates for DDA/R-2.
Mr. Vikas Mahajan, CGSC with Mr. Rohan Gupta, Adv. for R-3.
Mr. Rakesh Kr. Khanna, Senior Advocate with Mr. Kamal Gupta and Mr. Anirudh Tanwar, Advocates for R-4.

JUDGMENT :

Ms. G. ROHINI, J.

1. This petition has been filed as a Public Interest Litigation seeking a direction that no private unaided school in Delhi which has been allotted land by the Delhi Development Authority shall enhance the fee without the prior sanction of the Director of Education.

2. It is pleaded in the petition:

i) that as per Master Plan 2021 an allottee of land for the purpose of establishing an educational institution is under an obligation not to increase the tuition fees without prior sanction from the Director of Education (DoE) as held in Modern School vs. Union of India & Ors. (2004) 5 SCC 583.

ii) that the unaided educational institutions in Delhi have failed to comply with the same and have been enhancing the fees without taking the prior permission of the DoE and thus indulging in profiteering and commercialization of school education.

3. The petitioner therefore, seeks a direction to the Director of Education (DoE), Govt. of NCT of Delhi to ensure compliance of terms of allotment letter regarding prior sanction for any increase in tuition fees by all the unaided private schools situated in public land allotted by Delhi Development Authority (DDA) and further t























































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