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IN THE HIGH COURT OF DELHI AT NEW DELHI
VIKAS MAHAJAN
Agrasen Parents Association – Appellant
Versus
Maharaja Agrasen Model School – Respondent
JUDGMENT :
VIKAS MAHAJAN, J
CM APPL. 18333/2025 (by the petitioner under Section 151 CPC seeking directions)
1. The present application has been filed by the petitioner association alleging that respondent no.1 i.e. Maharaja Agrasen Model School [hereafter the ‘School’] vide letter dated 22.03.2025, has denied education and other facilities to students who have not paid the increased school fees, although the students are stated to be regularly depositing the school fees as approved by the respondent no.2/Directorate of Education [hereafter ‘DoE’]. Therefore, the petitioner association is seeking direction to respondents to refrain from taking anycoercive action against the students
2. On 04.04.2025, this Court had directed respondent no.1/School to permit the aggrieved students to attend the classes during the interregnum. The said interim direction is continuing till date.
3. Mr. Anjani Kumar Mishra, learned counsel appearing on behalf of petitioner submits that respondent no.1/School has been allotted land by the Delhi Development Authority (DDA) at concessional rates, thereby obliging it to obtain prior approval from the DoE before increasing the school fees. Reliance has been place
Unaided schools do not require prior approval from the Directorate of Education for fee hikes, as long as they comply with statutory obligations and do not engage in profiteering.
Unaided schools are not required to obtain prior approval from the Directorate of Education before increasing fees, and coercive actions against students for fee non-payment are impermissible pending....
Private unaided schools have the autonomy to determine their fee structure and maintain a reasonable surplus for the development of the institution. The regulatory authority must ensure transparency ....
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.
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 Fee Committee exceeded its jurisdiction by adjudicating complaints post-enactment of the Punjab Regulation of Fee of Unaided Educational Institutions Act, 2016, leading to the quashing of its ord....
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....
(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....
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