DELHI ABIBHAVAK MAHASANGH Vs. UNION OF INDIA

JUDGEMENT

(1.) CM 10479/99 has been filed in CW 3723/97 wherein the following reliefs have been prayed for: 'In the premises aforesaid the petitioner most humbly pray that this Hon'ble Court may be pleased to : -(a) issue appropriate writ, order or direction, directing the respondents to take necessary steps forthwith to regulate admissions in the recognized unaided private schools in Delhi in order to avoid and to check demands of illegal money in the name of the donation by the schools at the time of admission ; (b) issue any appropriate writ, order or direction, directing the respondents -government to frame a policy or to make necessary amendments in the law regulating recognition and conditions thereof including admission and payment of fee etc. of the recognized unaided private schools at pre -primary stage ; (c) issue any appropriate writ, order or direction, directing the respondents -government to constitute forthwith Delhi School Education Advisory Board as required under Section 22 of Delhi School Education Act, 1973 and the Rules made there under and in this regard the interest of the parents by giving them a sufficient representation in the said advisory board be safeguarded ; (d) issue appropriate writ, order or direction, directing the respondents -government to take measures by way of policy decision or amendments in the law or otherwise to take and regulate the arbitrary increase in fee in every year by recognized unaided private schools in Delhi; (e) issue appropriate writ, order or direction, directing the recognized unaided private schools in Delhi to stop increasing fee and other charges every year except in accordance with the law and the excess fee and other charges, which have already been charged from the students should be refunded to the students Along with 18% interest per annum there upon; (f) issue appropriate writ, order or direction, directing the respondents -government to take necessary steps or actions against the erring recognized unaided private schools who have failed to organize parent -teacher association democratically which they are required to do so in terms of the provisions of Delhi School Education Act, 1973 and the Rules made there under; (g) issue appropriate writ, order or direction, directing the schools to refund re -admission fee which has been charged while promoting students to Class -XI Along with 18% interest per annum to the students from whom the same is charges ; (h) issue appropriate writ, order or direction, directing the government to consider sharing of financial burden of the parents to the extent of expenditure being borne by the government in a case of child studying in a government school or in other words, the government should give aid to recognized unaided private schools on compulsory basis. (i) Pass any such further order or direction as this Hon'ble Court may in the facts and Circumstances of the present case deem fit and proper in favor of the petitioners and against the respondents ; and (j) Allow the present petition with costs.

(2.) THE afore -mentioned writ petition was filed, Inter alia, questioning the right of various aided and unaided schools to fix tution and other fees from students. By a judgment and order dated 30th October 1998 since reported in AIR 1999 Delhi 124, a Division Bench of this Court disposed of the writ petition with several directions, viz. '51. For the examination of the rival contentions a close examination of the facts figures and accounts of each schools was necessary. Neither this Court is fully equipped nor it is possible for this Court on the facts of the present case, to even otherwise undertake this exercise in respect of each individual school. Such an exercise has to be undertake by authorities or by an independent Committee, which this Court may appoint. With the large number of private unaided recognized schools in Delhi such an exercise by itself may be a time consuming process. If a particular school, on examination of facts and figures is found to be indulging in the malpractice of increasing the fees and charges in the garb of the implementation of the 5th Pay Commission or otherwise is found to be indulging in commercialization the Government is not without power to take appropriate action under the Act and the Rules against such erring school. Presently, the question has also been raised as to the validity of exercise of power by issue of impugned general order directing all schools not to charge higher fee and charges in terms thereof and not restricting to schools, which were inspected.

(3.) WHILE making the afore -mentioned observations, the Division Bench also directed appointment of a Committee comprising of Ms. Justice Santosh Duggal, a retired Judge of the Court as Chairperson with power to nominate two persons one with the knowledge of accounts and the second from field of education in consultation with Chief Secretary of NCT of Delhi to decide matters to fee and other charges livable by individual schools to terms of the said decisions.