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REKHA PALLI, AMIT BANSAL
Master Yashvir Singh Chauhan – Appellant
Versus
Action Committee Unaided Recognised Private Schools – Respondent
JUDGMENT
Rekha Palli, J. - C.Ms. No. 18383/2021 & 18384/2021 (for exemption) in LPA 179/2021,
C.Ms. No. 18387/2021 & 18388/2021 (for exemption) in LPA 180/2021,
C.Ms. No. 18511/2021 & 18512/2021 (for exemption) in LPA 184/2021
&
C.Ms. No. 18558/2021 & 1859/2021 (for exemption) in LPA 185/2021
1. Exemptions allowed, subject to all just exceptions.
2. The applications stand disposed of.
LPAs 179/2021, 180/2021, 184/2021 & 185/2021
3. The present batch of appeals under Clause X of the Letters Patent Appeal assails the order dated 31st May, 2021 passed by the learned Single Judge in W.P. (C) No. 7526/2020 filed by the Action Committee Unaided Recognized Private Schools (hereinafter referred to as 'respondent Committee') that comprises of 450 private unaided schools in the National Capital Territory (NCT) of Delhi. Under the impugned order, the learned Single Judge has allowed the respondent Committee's challenge to the circulars/orders issued by the Directorate of Education, GNCTD on 18.04.2020 and 28.08.2020, by holding that the direction to postpone collection of Annual Charges and Development Fee from students until normal functioning of schools is resumed is illegal and ultra vires the po
The main legal point established in the judgment is that the direction to postpone collection of Annual Charges and Development Fee was illegal and ultra vires the powers of the Directorate of Educat....
The court upheld that the Directorate of Education exceeded its statutory powers by directing the suspension of Annual Charges and Development Fees from private schools, violating contractual agreeme....
Private unaided schools hold the autonomy to set fee structures; regulatory actions must stem from clear evidence of profiteering, not general circumstances like a pandemic.
Unaided recognized schools - Prohibition for not collecting part of annual charges not justified – School dependent only on fees collected to cover their salary, establishment and all other expenditu....
(1) Director, Secondary Education has no authority to issue direction in respect of fee structure in respect of private unaided schools.(2) It is for school Management to reschedule payment of school....
The court upheld the right of private educational institutions to collect tuition fees during the pandemic, stating government prohibitions exceeded authority and disrupted financial sustainability.
Common grievance of a group of people (parents of the students pursuing their studies in the 4th Respondent/School) projected through the Association of the parents will not make the proceedings as a....
The main legal point established in the judgment is that the legal principles established in T.M.A. Pai Foundation v. State of Karnataka, Islamic Academy of Education v. State of Karnataka, Modern Sc....
The Delhi School Education Act mandates private schools comply with government salary norms for employees, irrespective of financial status, reinforcing the principle of statutory obligation over har....
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