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2020 Supreme(Online)(DEL) 1797
$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI th Date of Decision: 24 April, 2020 + W.P.(C) 2993/2020 NARESH KUMAR ..... Petitioner Through: Dr. N. Pradeep Sharma, Adv.
versus DIRECTOR OF EDUCATION & ANR. ..... Respondents Through: Mr. Ramesh Singh, Standing Counsel for GNCTD.
CORAM:
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C. HARI SHANKAR D. N. PATEL, Chief Justice (Oral)
1. 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.
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4. With this backdrop, we may turn to the Order, dated 17 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, most of the Charitable Trusts, Charitable Societies, NGOS/Social Organisations and even Individuals are extending their support voluntarily to deal with the war-like situation arisen due to the spread of COVID-19 in their respective fields.
Whereas, in such a situation, when all sections of society are contributing their best to help out those in need, it has been brought to the notice of the undersigned that some private unaided schools are not only violating the provisions of Delhi School Education Act and Rules 1973 and other guidelines issued by the Department in respect of regulation of fee but also the provisions of above referred 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 presently in force.
Whereas, some schools have increase the fee in the academic session 2020-2021 without taking cognizance of the prevailing situations in view of the announcement of lockdown by the Central Government and despite the enforcement of 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 and also without compliance of the mandatory provisions of section 17 (3) of Delhi School Education Act 1973 and several other guidelines issued by the Department from time to time in this regard. Some schools have increase the fee without seeking approval of Director (Education) even though they are running on the land allotted by the DDA/Other Land Owning Agencies with such condition.
Whereas, it has further come to the notice that some private schools have started charging the fees from the students under various new heads in violation of the directions of Hon’ble Supreme Court as well as the directions of the Directorate of Education.
Whereas, it has also been learnt that some private schools have started providing online learning material/classes to the students of their respective schools for the academic session 2020-21 so as to cover the learning/ curricular activities of this academic session. This is a welcome step in the interest of students. However, it is matter of grave concern that some schools are found indulging in the following malpractices which are inhuman, especially in view of the outbreak of Corona Virus (COVID-19):-
i. Heads of the Schools are not providing the ID & Password to access Online learning/educational material/classes to those students whose parents who have not paid or not agreed to pay the illegal increased fee of the school.
ii. Heads of the schools are demanding and collecting the fee from the parents/students on quarterly basis.
iii. Heads of the schools are not providing ID & Password to the students/parents so as t
