Supreme Court refuses to stay Delhi High Court order on fee collection

By LE Desk

New Delhi, June 28, 2021: The Supreme Court has refused to stay a Delhi High Court order cancelling a Delhi government directive that schools in the national capital could not collect annual charges or development fees till they physically re-open.

The top court had been approached by the Delhi government after the High Court quashed Directorate of Education (DoE) orders issued in April and August 2020.

The High Court’s order was challenged in that court itself by the Delhi government and others, including students and parents, as well as being challenged in the top court.

The Supreme Court today said that since the division bench of the High Court was examining the original order – issued by a single-judge bench – the Delhi government could raise grievances there, reported NDTV.

The Delhi government and the students have contended that the single judge’s May 31 decision was based on incorrect facts and law.

The single judge verdict had quashed two office orders of April and August 2020 issued by the Directorate of Education of the Delhi government forbidding and postponing collection of annual charges and development fees, saying they were “illegal” and “ultra vires” the powers of DoE stipulated under the Delhi School Education (DSE) Act and the Rules.

It said the Delhi government had no power to indefinitely postpone collection of annual charges and development fees by private unaided schools as it would unreasonably restrict their functioning.

The Delhi government has contended that its orders of April and August last year were issued in larger public interest as due to the COVID-19 lockdown people were in financial crisis.

The appeals on behalf of the students claimed that establishment costs, like repairing of buildings, administrative expenses, rent and hostel expenses, are not applicable when the schools are closed.

Schools across the country have been closed to physical classes since the pandemic struck, with classes being held online.

The decision on re-opening them had been given to states, most of whom have kept them closed for now, amid fear of a third wave of infections that could target children.

Last week the centre said “we can only have this (re-opening of schools) when a large part of the population is protected” and cautioned against opening schools because daily cases are falling.