Delhi High Court - Orders
Apeejay School, Saket vs Directorate Of Education on 5 October, 2023
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~224
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13015/2023
APEEJAY SCHOOL, SAKET ..... Petitioner
Through: Mr. Kamal Gupta with Mr. Sparsh
Aggarwal, Mr. Manish Vashisht and
Ms. Kriti Gupta, Advocates.
versus
DIRECTORATE OF EDUCATION ..... Respondent
Through: Mr. Utkarsh Singh, Advocate for Mr.
Santosh Kumar Tripathi, Standing
Counsel for DoE.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 05.10.2023 CM APPL. 51407/2023 Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed of.
W.P.(C) 13015/2023 & CM APPL. 51406/2023 By way of the present petition filed under Article 226 of the Constitution of India, the petitioner/Apeejay School, Saket ('school'), seeks quashing of order dated 19.07.2023, whereby the respondent/Directorate of Education ('DoE') has permitted fee-hike of only 5% against a proposal that was submitted for the Financial Year 2022-2023, apart from making such fee-hike applicable only for the future i.e. for the Financial Year commencing 01.04.2023. The petitioner has also sought other consequential and ancillary reliefs.
2. Mr. Kamal Gupta, learned counsel appearing for the petitioner school submits that the total funds available for the Financial Year 2022- W.P.(C) 13015/2023 Page 1 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/10/2023 at 23:40:18 2023 as computed by the DoE include the sums which the DoE says are recoverable by the school from the society and other irrational disallowances, based on which the DoE has come upon a flawed understanding of funds available and has then proceeded to match such illusory funds with the budgetary expenses for the Financial Year 2022-2023, whereupon they have permitted a miniscule increase of only 5% in the fee and that too prospectively.
3. Upon being queried, Mr. Gupta clarifies that in consonance with what has been observed by a Co-ordinate Bench of this court in judgment dated 15.03.2019 in W.P.(C) No. 4374/2018 titled Action Committee Unaided Recognized Private Schools vs. Directorate of Education and Anr. (para 192 thereof), after waiting for a decision from the DoE for a substantial period of time, the petitioner school has already imposed and collected fee at an enhanced rate from the parents for the year 2022-2023.
4. Mr. Gupta draws attention to orders dated 13.05.2022 made in W.P.(C) No. 7506/2022 and W.P.(C) No. 7515/2022 by a Co-ordinate Bench of this court, which petitions had been filed by the petitioner school on a similar grievance, submitting that in those cases, the court has restrained the DoE from taking any coercive steps against the school. Mr. Gupta further point-outs that vide order dated 27.09.2023 made in W.P (C) No. 12799/2023, this court has itself also passed a similar order on a similar fact situation.
5. Issue notice.
6. Mr. Utkarsh Singh, learned counsel appears on behalf of Mr. Santosh Kumar Tripathi, learned Standing Counsel (Civil) for the W.P.(C) 13015/2023 Page 2 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/10/2023 at 23:40:18 respondent/DoE on advance copy; accepts notice; and seeks time to file counter-affidavit.
7. Let counter-affidavit be filed within 06 weeks; rejoinder thereto, if any, be filed within 04 weeks thereafter; with copies to the opposing counsel.
8. Upon a prima-facie consideration of the matter, and in view of the submissions made, it is directed that no coercive steps shall be taken by the DoE against the petitioner school pursuant to what was recorded in impugned order dated 19.07.2023.
9. Mr. Gupta submits that matters relating to the same issue are pending before this court on 22.01.2024.
10. Accordingly, re-notify on 22nd January 2024.
ANUP JAIRAM BHAMBHANI, J OCTOBER 5, 2023 ds W.P.(C) 13015/2023 Page 3 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/10/2023 at 23:40:19