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IN THE HIGH COURT OF DELHI
D.N. Patel, C. Hari Shankar, JJ.
Naresh Kumar - Appellant
Versus
Director of Education - Respondent
W.P.(C) 2993 of 2020
Decided On : 24-04-2020
Schools can charge tuition fees during lockdown while ensuring equal access to online education, balancing institutional sustainability with parental financial hardships.
Headnote:(A) Disaster Management Act, 2005 - Delhi Epidemic Diseases, COVID-19 Regulations, 2020 - Delhi School Education Act, 1973 - Petition challenging the Order dated 17th April, 2020, prohibiting fee increases and mandating equal access to online education despite payment issues due to COVID-19. (Paras 1-8)
(B) Fee Regulation - Private schools cannot charge increased fees during lockdown and are obliged to provide online education access with ID/password to students regardless of fee payment status. (Paras 10-20)
(C) Implications of pandemic - Judicial recognition of online education efforts and the need for schools to maintain financial sustainability while addressing parental financial distress. (Paras 22-23)
Facts of the case:
The petitioner, an advocate, challenged the DoE's Order which aimed to regulate school fees and ensure access to education during the pandemic but lacked a legitimate base of parent grievances.
Findings of Court:
The order was found to balance the needs of educational institutions and the financial difficulties of parents while allowing tuition fees to remain chargeable during online education.
Issues: The key issues were whether schools could charge tuition fees during the lockdown and the validity of the DoE's directives.
Ratio Decidendi: The court asserted that online education's cost necessitates the charging of tuition fees, identifying that the operational context during COVID-19 does not exempt fee obligations.
Result: Writ petition dismissed.
| Table of Content |
|---|
| 1. impact of covid-19 on educational institutions. (Para 2 , 4) |
| 2. petitioner's standing and claims in court. (Para 5 , 6 , 7) |
| 3. observations on online education. (Para 9 , 10) |
| 4. arguments regarding tuition fees during lockdown. (Para 11 , 12 , 13) |
| 5. interpretation of rule 165 and fee chargeability. (Para 14 , 15 , 16) |
| 6. financial hardships and online access provisions. (Para 17 , 18) |
| 7. relief under disaster management act. (Para 19 , 20) |
| 8. overall balance and conclusion drawn by the court. (Para 22 , 23 , 24) |
JUDGMENT
D.N. Patel, Chief Justice (Oral)--The Court is convened through Video Conferencing.
2. Consequent on the global devastation wrought by the n-COVID-2019 pandemic, to which India is no exception, the executive administration in this country has had to take certain hard- hitting decisions, and to put in place a slew of curbs, restraints, and containments, so as to minimise, to the extent possible, the societal effect of the viral pandemic. Many establishments and offices, save and except those which render essential services, or trade in essential goods and commodities, have had to be shut down, and a near complete lockdown imposed, on a national scale, completely prohibiting movement of the public in open spaces. This, unfortunately, has resulted in hardship - albeit unavoidable - to various persons engaged in their daily professions and occupations. Alive to these considerations, the executive administration, both at the Centre and in various States, including the Government of National capital Territory of Delhi (GNCTD) have issued orders, instructions and notifications, almost on a daily basis, aimed at mitigating the difficulties faced by the common man.
3. The situation, in which we are placed today, is one which the country - and, indeed, the world - has not witnessed earlier and, hopefully, would not have to witness again. It is incumbent, on every member of the populace, to be aware of the forbidding nature of the struggle, between man and microbe, in which each one of us is a participant, willing or unwilling. A joint, cohesive and concerted effort, alone, can result in success in this struggle. This would involve, in its wake, certain sacrifices, which, within the peripheries of the law, each one of us has to make. We cannot afford, in such a situation, to balk at inconveniences.
4. With this backdrop, we may turn to the Order, dated 17th April, 2020, issued by the Directorate of Education (DoE), GNCTD, forming subject matter of challenge in this writ petition. It is necessary, in view of the nature of the controversy, to reproduce this order, in extenso, thus:
"DIRECTORATE OF EDUCATION
GOVT. OF NCT OF DELHI
OFFICE OF THE DIRECTOR OF EDUCATION
OLD SECRETARIAT, NEW DELHI - 110054
F. No. PS/DE/2020/54
Dated: 17/04/2020
ORDER
Whereas, the Disaster Management Act, 2005 and the Delhi Epidemic Diseases, COVID-19 Regulations, 2020 under the Epidemic Diseases Act, 1897 for Prevention and Containment of COVID-19 are in force in NCT of Delhi at present. Hence all are required to comply with the provisions of the same.
Whereas, everyone is aware that the outbreak of Novel Corona Virus (COVID-19) has been declared as Pandemic by WHO and at present, it is a major threat to life and, therefore, a grave matter of concern in the country, being social emergency life situation including Delhi. India is under a 21- day Lockdown with effect from March, 24 2020 and people are under strict directions to restrain from going out of their homes.
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.
Whereas, in such an unfavourable situation, supply out of compassion for fellow citizens,
