School Fees Financial Pressure On Parents

School Fees Financial Pressure On Parents
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The Delhi government on Wednesday told the Delhi High Court that when a number of children have lost one or both their parents during the COVID-19 pandemic and have become victims of unemployment, it is the duty of the schools to recover the fees which is “Unfair and Harsh”. As we know that the lock-down has damaged the homes of so many.

Delhi Government sternly said that these institutions are expected to give maximum cooperation in the field of education so that maximum number of students can get education through schools with convenient financial environment.

Challenging The Annual Development Fee Order

A bench of Chief Justice DN Patel and Justice Jyoti Singh, after hearing the arguments for hours, said that it would continue hearing the arguments on Thursday as well.

The court was hearing various petitions by the Delhi government, students and an NGO, including a single judge allowing private unaided schools to charge annual and development fees from students after the lockdown ended in the national capital last year. That order was challenged.

Being the regulator of school education, the appellant (Government of Delhi) cannot ignore the acute financial pressure and stress on the general public where many children have lost one or both their parents or have lost their source of income or jobs and businesses have disappeared, from where will they be able to get school fees.

Unreasonable & Harsh Attempts

Lockdown in the current COVID-19 pandemic which is in force since March 2020, – Delhi Government represented through Senior Advocate Vikas Singh.
Mr. Singh said that therefore, such an attempt by the schools to tread on business lines instead of being charitable in nature to charge the amount on the presumption of resumption of normal physical functioning is “Unfair, Harsh & Unwarranted”.
Senior advocate and standing counsel for Delhi government Santosh Kumar Tripathi argued that the single judge made a grave mistake in passing the directions on the basis of the Supreme Court order relating to the collection of school fees.
The counsel submitted that the single judge overlooked the fact that the Supreme Court judgment pertains to the state of Rajasthan and the tuition fee was levied for the time when schools there physically reopened, which is not the case in Delhi.

Misreading The Verdict, By The School

Advocates Khagesh B. Jha and Shikha Sharma Bagga, appearing for the parent and NGO Justice for All, argued that the schools are deliberately misreading the single judge’s judgment and charge for food, online swimming fees or virtual Dubai tour.
Many students are being thrown out of school or due to threats from schools demanding transfer from private to government schools, to pay the fees which were not spent by the school in the lockdown,” advocates argued.
However, the counsel for the Action Committee had earlier said that the Single Judge had rightly ruled that there was no allegation of the schools indulging in profiteering in this case and in the absence of such allegation, there could be no interference by the Delhi Government.

AAP Government Challenging The Order

The High Court had on June 7 issued notice and sought response from the Action Committee on Appeals of the AAP government, students and an NGO challenging the single judge’s May 31 order from non-recognized private schools, which were more than 450 Represent more schools.
However, the division bench refused to stay the single judge’s order. It had earlier recorded the statement made by senior advocate Shyam Divan and advocate Kamal Gupta, representing the action committee, that till the next date of hearing, they would continue to follow the extant principles with regard to collection of fees from students.

Justice for All

The Delhi government and students and NGO ‘Justice for All’ have argued that the single judge’s decision was based on false facts and law.
The May 31 judgment quashed two office orders dated April and August last year by the Directorate of Education (DOE) of the Delhi government, which had to stop and defer the collection of annual fee and development fee, saying they “illegal”. Powers of Directorate of Education (DOE) as prescribed under Delhi School Education Act and Rules.

The Delhi Government Has “NO” Authority

The single judge, in its May 31 order, had held that the Delhi government had no right to indefinitely suspend the collection of annual fee and development fee by private unaided schools as it would unreasonably restrict their functioning. The Delhi government has argued that its orders of April and August last year were issued in larger public interest as people were in financial distress due to the COVID-19 lockdown.

Deposit Annual Fee With A Deduction Of 15%

The single judge decision passed on a petition by the Action Committee unrecognized private schools said that the schools shall deposit the annual fee with the deduction of 15 per cent allowed by the apex court in the Indian Schools case. It also said that the amount due by the students has to be paid in six monthly installments from June 10.

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