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IN THE HIGH COURT OF DELHI AT NEW DELHI
JAYANT NATH, J.
Action Committee Unaided Recognized Private Schools – Appellant
Versus
Directorate Of Education - Respondent
W.P.(C) 7526 of 2020
Decided on : 31-05-2021
Disaster Management Act 2005 - Section 17(3) - Delhi School Education Rules - Rule 43 - Unaided recognized schools/members - Fees and other charges - Covid - 19 - Seeking an appropriate writ/writ of certiorari to quash the orders passed by respondent in so far as it prevents private unaided recognized schools/members of petitioner association from collecting a part of fees i.e. Annual Charges and Development Fees even beyond Lockdown period and deferring it till physical opening of schools.
Finding of the court: A bare perusal of heads of expenses clearly demonstrates and shows that most of expenses are not correlated or connected with actual physical opening of the schools for the students. Expenses like rents, taxes, travelling, conveyance, insurance charges, remuneration of auditors, repair and maintenance of building and maintenance of equipment, furniture and fixture are all expenses which will continue to be incurred by schools irrespective of physical shut down. In case, said repairs and expenses are not done, it is bound to cause damage to building, infrastructure and functioning of the schools - No doubt, expenses under some of heads will drop in absence of actual full physical opening of schools, namely, expenses like, electricity, water, stationery, etc. It cannot be said that school building is completely shut. Building would remain functional for administrative reasons and even, depending on facts and circumstances of case, for conducting online classes, etc.
Result: Petition disposed of
JUDGMENT :
JAYANT NATH, J.
1. This writ petition is filed by the petitioner seeking an appropriate writ/writ of certiorari to quash the orders dated 18.04.2020 and 28.08.2020 passed by the respondent in so far as it prevents private unaided recognized schools/members of the petitioner association from collecting a part of the fees i.e. Annual Charges and Development Fees even beyond the Lockdown period and deferring it till physical opening of the schools.
2. The petitioner is said to be a registered association with approximately 450 private unaided schools functioning in Delhi as its members.
3. It is stated that during the present pandemic the Central Government declared a Lockdown in the entire country during the last week of March 2020 and the schools were closed down physically. However, schools were directed and encouraged to take up online teaching and learning so that there is no discontinuity in imparting education to the school children.
4. On 17.4.2020, the respondent came out with an order in purported exercise of certain non-existent powers under the Disaster Management Act 2005, Section 17(3) of the Delhi School Education Act (hereinafter referred to as the ‘DSE Act’) and Rule 43 of the Delhi School Education Rules (hereinafter referred to as ‘The Rules’). Essentially, the said communication directed the schools that no fees except tuition fees shall be charged from the parents, till further orders.
5. On 18.04.2020, immediately thereafter a new impugned order was passed. This order was passed in supersession of the earlier order dated 17.04.2020. Relevant portion of the said order dated 18.04.2020 reads as follows:-
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.
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And whereas, as per the provisions, the tuition fee and annual fee charged from the students, cover all the expenditure to be Incurred on salary, establishment and curricular activities and co-curricular activities. Now therefore in exercise of powers conferred under Section 17 (3) of DSEA 1973 and read with Rule 43 DSEAR 1973 and under other enabling provisions of the Acts and Rules or any other, all heads/managers of private unaided recognized schools of Delhi are hereby directed as follows:
“i. No fee, except Tuition fees will be charged from the parents during the lockdown period.
ii. Annual and Development Charges can be charged from the parents, on pro rate basis, only on monthly basis after completion of lockdown period.
iii. No earmarked levies such as transportation charges will be charged from the parents during the period the schools remains closed.”
6. Hence, as per the said order dated 18.4.2020, the Annual and Development charges were to be collected after the Lockdown. It is stressed by the petitioner that there is a distinction between lifting of Lockdown and physical re-opening of the schools.
7. It is stated that thereafter Central Government issued various Notifications lifting the Lockdown, firstly, w.e.f. 1.6.2020. It is stated that pursuant to the lifting of the Lockdown the right of private unaided recognized schools to collect Annual Charges and Development Fees was revived in view of the circular dated 18.4.2020. Hence, it is claimed that vari
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