PRINCIPAL DELHI PUBLIC SCHOOL Vs. SYED MOHAMMAD SHARFULLAH

JUDGEMENT

(1.) Heard Shri A.K. Mehta, learned Counsel appearing on behalf of the AppellantDelhi Public Shchool (DPS) and Shri Deepak Roshan, learned Counsel appearing on behalf of Respondent No. 1.

(2.) The instant appeal is preferred against the judgment and order dated 19.03.2010 passed by the Jharkhand Education Tribunal (JET), Ranchi in Case No. 26 of 2009. The petition preferred by opposite parties was partly allowed holding that the hikes in Tuition fee and Admission fee for financial year 200910 are to be kept at the level of only 15% more with reference to such rates in the immediately preceding year 200809. A number of similar cases were filed before the Jharkhand Education Tribunal (JET) against the Delhi Public School of different branches, challenging the decision of the Institution within the State of Jharkhand challenging the revision of respective fee structure for the academic session, 200910. The escalation in the school fee was to be implemented with effect from 01.04.2009. The hike in the fee was challenged to be arbitrary and abnormally high and inconsistent with the relevant laws/byelaws/instructions etc., specifically, the affiliation byelaws of the Central Board of Secondary Education (CBSE). The petition was filed before the Tribunal allegedly on the ground that there was huge protest and voices to resist the implementations of hikes in the fee.

(3.) The instant appeal pertains to the Delhi Public School, DPS Dhanbad. The opposite party is the father of one Arham Nabil (student of Class 6th of DPS at Dhanbad). He filed an application challenging the fee structure whereby the Annual Tuition fee was enhanced from Rs. 820/per month to Rs. 1190/per month which was calculated to be an increase by 45%. The challenge was that the hike in the fee was unreasonable and exorbitant and without seeking permission from the State Government.