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2021 Supreme(Del) 301

JAYANT NATH
Action Committee Unaided Recognized Private Schools – Appellant
Versus
Directorate Of Education – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Shyam Divan, Sr. Adv. with Mr.Kamal Gupta, Mr.Nipun Jain and Mr.Sparsh Aggarwal, Advs.
For the Respondent: Mr.Ramesh Singh, Standing Counsel with Mr.Gautam Narayan, ASC with Ms.Dacchita Shahi, Adv.

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

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