DELHI ABIBHAVAK MAHASANGH Vs. UNION OF INDIA

JUDGEMENT

(1.) There has to be an element of public benefit or philantropy in the running of the school. The schools are to be run for public good and not for private gain. The object has to be service to the Society and not to earn profit. The public benefit and not private or benefit to a favoured section of the Society has to be the aim. Keeping these aims and objects in view the schools are required to also follow and comply the provisions of the Delhi School Education Act (for short`the Act') and the Rules framed thereunder(for short the Rules') as also the affiliation Bye-laws framed by Central Board of Secondary Education (`the Board' for short). The schools are also required to comply the conditions upon which the land may be allotted to it by a public authority on concessional rates for setting up of a school building and its playground etc.

(2.) The bone of contentions in these petitions is the order issued by the Director of Education. The Director of Education, Delhi, has issued an order dated 10/9/1997 requiring Managements/Managers of all recognised unaided school in National Capital Territory of Delhi to observe directions as under :

(3.) This order also sought to clarify that the rates of tuition fee shall remain the same as on 31st March, 1997 for the remaining part of the current academic session. It shall not be increased, unless, it is found that the accumulated funds are not sufficient to meet with the liabilities, if any, for implementing the recommendations of the Central Fifth Pay Commission and unless the representatives of the parents/teachers associations and the nominee of the Director of Education are associated with such decisions. The order further stipulates that the fees and funds collected from the parents shall be utilised strictly in accordance with the Rule 177 of the Rules. No amount whatsoever shall be transferred from the recognised unaided school fund of a school to the society or the trust as the case may be running that school nor shall any expenditure be incurred, which is not beneficial to the students or the employees of that school.