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2020 Supreme(Del) 354
IN THE HIGH COURT OF DELHI AT NEW DELHI
PRATHIBA M. SINGH, J.
Rajat Vats - Petitioner
Versus
Govt. Of NCT of Delhi & Anr - Respondents
W.P. (C) 2977 of 2020 & CM Nos. 10327-28 of 2020
Decided On : 20-04-2020
Advocate Appeared:
For the Respondent: Mr. Ramesh Singh, Standing Counsel, GNCTD
The court's decision emphasized the authority's order barring the charging of any fees except tuition fees and providing online education to students in financial crisis, indicating that the matter was within the policy domain and did not warrant court interference.
Headnote:
Writ of Mandamus - Petition seeking relaxation or suspension of fees for private schools in Delhi due to COVID-19 pandemic
Fact of the Case:
The petitioner, a practicing lawyer, filed a petition seeking relaxation or suspension of fees for private schools in Delhi due to the COVID-19 pandemic, including transportation and other charges except tuition fees. The government had already passed an order barring the charging of any fees except tuition fees and providing online education/material/classes to all students.
Finding of the Court:
The court found that the authorities had already addressed the issue by prohibiting the charging of any fees except tuition fees and ensuring access to online education for students facing financial difficulties. The court declined to interfere, considering the matter to be in the policy domain. Specific complaints against schools demanding consolidated fees were directed to be brought to the notice of the Directorate of Education.
Issues: The main issue was whether private schools in Delhi should be directed to give relaxation or suspend fees, except tuition fees, for the months of April, May, and June 2020 due to the COVID-19 pandemic.
Ratio Decidendi: The court held that the authorities' order barring the charging of any fees except tuition fees and providing online education to students in financial crisis was sufficient, and the court was not inclined to interfere in the matter.
Final Decision: The petition was disposed of, and all pending applications were also disposed of.
JUDGMENT :
Prathiba M. Singh, J.
1. This hearing has been held by way of a video-conference.
2. The Petitioner, who is a practising lawyer, has filed the present petition seeking the following prayers.
“A) Issue a Writ of Mandamus or any other appropriate Writ levied under Constitution of India directing respondents to give relaxation or suspend fees of Private Schools of any nature in the State of NCT of Delhi in terms of transportation or other charges except tuition fees for the month of April, May and June 2020 on account of the COVID 19 pandemic which has affected the entire world.
(B) pass such further or other orders which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case in the interest of justice.”
3. It is submitted by the Petitioner that during the lock-down period students of various private schools in Delhi ought not to be made to pay the transport charges, fee for extra-curricular activities and other fees which are charged by the school. He submits that since schools are not functioning, payment of tuition fee be also postponed.
4. Mr. Ramesh Singh, ld. counsel for the Govt. of NCT of Delhi submits that the Government is fully conscious of the issues raised by the Petitioner in the present petition. On 17th April, 2020 the Directorate of Education has already passed an order to the effect that no fees except tuition fee be charged. Various directions issued in the said order are relied upon to submit that the government is fully conscious of such students who may have financial difficulties and course material and classes have been made available even to them.
5. Mr. Vats submits that a number of parents have deposited extra fee, apart from the tuition fee, in advance. The adjustment of the same ought to be granted. Mr. Ramesh Singh, ld. counsel submits that the Government would consider this submission on its own and no directions need be passed.
6. Heard ld. Counsels for the parties. The order dated 17th April, 2020 passed by the Directorate of Education, provides as under:
“i. No fee, except Tuition fee, shall be charged from the parents, till further orders.
(ii). Heads of the schools shall not demand and collect the Tuition fee from the parents/students on quarterly basis. The fee shall be collected on monthly basis only.
(iii). Not to increase any fee in the academic session 2020-21 till further directions irrespective of the fact whether or not the school is running on the private land or the land allotted by DDA/Other Govt. Land Owning Agencies.
(iv). The schools running on the land allotted by the DDA/Other Land Owning Agencies with the condition to seek approval of Director (Education) before any fee increase, shall collect the Tuition fee on the basis of last fee structure approved by Director (Education) or as per fee statement filed by them under 17 (3) of DSEAR, 1973 during academic session 2015-16.
(v). Shall ensure to provide the access of Online Education/material/classes to all students, without any discrimination, by providing them ID and Password immediately to get them online education facility.
(vi). Heads of the schools shall, in no case, deny ID and Password to those students/parents for getting online access of educational facilities/classes/materials etc to those students who are unable to pay the school fee due to financial crisis arising out of closure of business activities in the ongoing lockdown condition.
(vii). Managing Committee of the schools/Heads of the schools shall not put extra financial burden by creating any new head of fee.
(viii). Shall neither stop payment of monthly salary nor reduce the existing total emolument to the teaching and non-teaching staff of their schools in the name of non-availability of funds and arrange the funds in case of any shortfalls from the Society/Trust running the school.”
It is clear from the above that the authorities have already barred the charging of any fees except tuition fees. A perusal of points (v) & (vi) above s
