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VIPIN SANGHI, SACHIN DATTA
Master Divyam Bhateja – Appellant
Versus
Bhai Parmanand Vidya Mandir – Respondent
ORDER
CM APPL. 25533/2022
Exemption allowed, subject to all just exceptions.
The application stands disposed of.
W.P.(C) 8466/2022 & CM APPL. 25532/2022
1. The instant petition has been preferred by the petitioner seeking the following reliefs:
a. Pass an order to declare rules 35 and 167 of Delhi School Education Rules, 1973, ultravirus to article 19(1)(a), 21 and 21A of constitution of India read with provisions of Right of Children to free and compulsory Education Act, 2009 and contrary to the provisions of section 75 of Juvenile Justice care and Protection Act, 2015.
b. Pass an order to declare the impugned order dated 18.04.2020passed by the director of education along with subsequent circulars reiterating the same to facilitate the private schools of Delhi to collect the tuition fee without filing of the revised statement of fee and charging for the expenses neither occurred nor any probability of occurring during the lock dawn ultra virous to section 17(3) and 18 of Delhi School Education Act, 1973 and also ultravirus to rule 165 of Delhi School Education Rules, 1973.
c. to pass an order writ or direction to quash the impugned communication of striking down the name of petitioner fr
The RTE Act is a self-contained legislation and the operation thereof is unhindered by the Delhi School Education Act and Rules framed thereunder.
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....
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.
(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 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....
Unaided minority schools affiliated to central board but accepting state NOC and RTE approval cannot expel students aged 6-14 for fee non-payment before elementary education completion; limited to la....
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