RAHUL CHADHA Vs. SUMMER FIELD SCHOOL

JUDGEMENT

(1.) THIS writ petition is filed by petitioners whose wards are studying in respondent No.1-school. The only issue requiring decision in this case is as to whether a private recognized unaided school is entitled to ask fees for more than one month together i.e can a private recognized unaided school charge fees in advance for more than one month at one point of time.

(2.) IT is undisputed that the respondent No.1-school is governed by the Delhi School Education Act, 1973 and the Rules framed thereunder. The aspect of fees to be paid by the students is the subject matter of Chapter XIII Part B of the Delhi School Education Rules, 1973. Two rules in Part B of Chapter XIII, which contains rules from Rules 157 to 170, are relevant and which rules are Rules 165 and 166. These rules read as under:-

(3.) LEARNED counsel for respondent Nos.1 and 2 has drawn my attention to the following portion which appears in Dixit's School Manual and which is said to contain an order passed by the Director of Education and which reads as under:-