Back
2020 Supreme(Del) 226
IN THE HIGH COURT OF DELHI AT NEW DELHI
D. N. PATEL, C. HARI SHANKAR, JJ.
Naresh Kumar - Petitioner
Versus
Director Of Education & Anr. - Respondents
W.P.(C) 2993 of 2020
Decided On : 24-04-2020
Advocate Appeared:
For the Petitioner: Dr. N. Pradeep Sharma, Adv.
For the Respondent: Mr. Ramesh Singh, Standing Counsel
Schools could charge tuition fees during the COVID-19 lockdown period as they continued to incur expenses for salary, establishments, and curricular activities.
Headnote:
COVID-19 Lockdown - Disaster Management Act, 2005, Delhi Epidemic Diseases, COVID-19 Regulations, 2020 - [Disaster Management Act, 2005, Delhi Epidemic Diseases, COVID-19 Regulations, 2020, Delhi School Education Act, 1973, Delhi School Education Rules, 1973] - The court analyzed the impugned Order dated 17th April, 2020, which prohibited schools from charging any fee, except tuition fee, during the COVID-19 lockdown. The court found that the Order correctly balanced the legitimate concerns of institutions and parents/students, safeguarding the interests of parents facing financial difficulties while ensuring that schools could defray their daily expenses. The court dismissed the writ petition challenging the Order, emphasizing that schools could charge tuition fees during the lockdown period as they continued to incur expenses for salary, establishments, and curricular activities.
Fact of the Case:
The writ petition challenged the Order dated 17th April, 2020, which prohibited schools from charging any fee, except tuition fee, during the COVID-19 lockdown. The petitioner, a practicing advocate, did not claim to have any personal interest in the matter and did not disclose the name of any aggrieved parent or student. The petitioner's locus standi to maintain the challenge was questioned by the court.
Finding of the Court:
The court found that the petitioner lacked standing to maintain the challenge but proceeded to examine the challenge on its merits. The court noted the emergent situation due to the COVID-19 pandemic and the malpractices of certain schools in increasing fees and not providing online education to students who could not pay the increased fee. The court endorsed the efforts of schools and teachers in providing online education and appreciated the impugned Order's balance between the concerns of institutions and parents/students.
Issues: The issues included the petitioner's locus standi, the permissibility of schools to charge tuition fees during the COVID-19 lockdown, and the financial hardship faced by parents/students due to the lockdown.
Ratio Decidendi: The impugned Order correctly balanced the concerns of institutions and parents/students, safeguarding the interests of parents facing financial difficulties while ensuring that schools could defray their daily expenses. The court dismissed the writ petition challenging the Order, emphasizing that schools could charge tuition fees during the lockdown period as they continued to incur expenses for salary, establishments, and curricular activities.
Final Decision: The court dismissed the writ petition, finding it completely bereft of substance.
JUDGMENT :
D. N. PATEL, J.
1. The Court is convened through Video Conferencing.
2. Consequent on the global devastation wrought by the n-COVID-2019 pandemic, to which India is no exception, the executive administration in this country has had to take certain hard-hitting decisions, and to put in place a slew of curbs, restraints, and containments, so as to minimise, to the extent possible, the societal effect of the viral pandemic. Many establishments and offices, save and except those which render essential services, or trade in essential goods and commodities, have had to be shut down, and a near complete lockdown imposed, on a national scale, completely prohibiting movement of the public in open spaces. This, unfortunately, has resulted in hardship – albeit unavoidable – to various persons engaged in their daily professions and occupations. Alive to these considerations, the executive administration, both at the Centre and in various States, including the Government of National capital Territory of Delhi (GNCTD) have issued orders, instructions and notifications, almost on a daily basis, aimed at mitigating the difficulties faced by the common man.
3. The situation, in which we are placed today, is one which the country – and, indeed, the world – has not witnessed earlier and, hopefully, would not have to witness again. It is incumbent, on every member of the populace, to be aware of the forbidding nature of the struggle, between man and microbe, in which each one of us is a participant, willing or unwilling. A joint, cohesive and concerted effort, alone, can result in success in this struggle. This would involve, in its wake, certain sacrifices, which, within the peripheries of the law, each one of us has to make. We cannot afford, in such a situation, to balk at inconveniences.
4. With this backdrop, we may turn to the Order, dated 17th April, 2020, issued by the Directorate of Education (DoE), GNCTD, forming subject matter of challenge in this writ petition. It is necessary, in view of the nature of the controversy, to reproduce this order, in extenso, thus:
“DIRECTORATE OF EDUCATION
GOVT. OF NCT OF DELHI
OFFICE OF THE DIRECTOR OF EDUCATION
OLD SECRETARIAT, NEW DELHI – 110054
F. No. PS/DE/2020/54
Dated:- 17/04/2020
ORDER
Whereas, the Disaster Management Act, 2005 and the Delhi Epidemic Diseases, COVID-19 Regulations, 2020 under the Epidemic Diseases Act, 1897 for Prevention and Containment of COVID-19 are in force in NCT of Delhi at present. Hence all are required to comply with the provisions of the same.
Whereas, everyone is aware that the outbreak of Novel Corona Virus (COVID-19) has been declared as Pandemic by WHO and at present, it is a major threat to life and, therefore, a grave matter of concern in the country, being social emergency life situation including Delhi. India is under a 21-day Lockdown with effect from March, 24 2020 and people are under strict directions to restrain from going out of their homes.
Whereas, it is also a fact that in view of the spread of COVID-19, all business/professional/other activities (other than essential ones) have ceased to function as a precautionary measure to contain COVID-19 due to which, some parents, are not in a position to pay the school fee of their wards at increased rates or even at existing rates if demanded on quarterly basis in one go.
Whereas, in such an unfavourable situation, supply out of compassion for fellow citizens, most of the Charitable Trusts, Charitable Societies, NGOS/Social Organisations and even Individuals are extending their support voluntarily to deal with the war-like situation arisen due to the spread of COVID-19 in their respective fields.
Whereas, in such a situation, when all sections of society are contributing their best to help out those in need, it has been brought to the notice of the undersigned that some private unaided schools are not only violating the provisions of Delhi School Education Act and Rules 1973 and other guidelines issued by the Depart
