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.

JUDGMENT

Jayant Nath, J. This writ petition is filed by the petitioner seeking an appropriate writ/writ of certiorari to quash the orders dated 18.04.2020 and 28.08.2020 passed by the respondent in so far as it prevents private unaided recognized schools/members of the petitioner association from collecting a part of the fees i.e. Annual Charges and Development Fees even beyond the Lockdown period and deferring it till physical opening of the schools.

2. The petitioner is said to be a registered association with approximately 450 private unaided schools functioning in Delhi as its members.

3. It is stated that during the present pandemic the Central Government declared a Lockdown in the entire country during the last week of March 2020 and the schools were closed down physically. However, schools were directed and encouraged to take up online teaching and learning so that there is no discontinuity in imparting education to the school children.

4. On 17.4.2020, the respondent came out with an order in purported exercise of certain non-existent powers under the Disaster Management Act 2005, Section 17 (3) of the Delhi School Education Act (hereinafter referred to as the `DSE Act') and Rule 43 of the DELHI SCHOOL EDUCATION RULES (hereinafter referred to as `The Rules'). Essentially, the said communication directed the schools that no fees except tuition fees shall be charged from the parents, till further orders.

5. On 18.04.2020, immediately thereafter a new impugned order was passed. This order was passed in supersession of the earlier order dated 17.04.2020. Relevant portion of the said order dated 18.04.2020 reads as follows:

"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 which has been further extended upto 3rd May, 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.

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And whereas, as per the provisions, the tuition fee and annual fee charged from the students, cover all the expenditure to be Incurred on salary, establishment and curricular activities and co-curricular activities.

Now therefore in exercise of powers conferred under Section 17 (3) of DSEA 1973 and read with Rule 43 DSEA R 1973 and under other enabling provisions of the Acts and Rules or any other, all heads/managers of private unaided recognized schools of Delhi are hereby directed as follows:

"i. No fee, except Tuition fees will be charged from the parents during the lockdown period.

ii. Annual and Development Charges can be charged from the parents, on pro rate basis, only on monthly basis after completion of lockdown period.

iii. No earmarked levies such as transportati