Delhi High Court - Orders
Miss Advika Baghel And Ors vs Sanskriti School And Ors on 23 July, 2020
Author: Jayant Nath
Bench: Jayant Nath
$~A-6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4461/2020
MISS ADVIKA BAGHEL AND ORS ..... Petitioners
Through Mr.Khagesh B.Jha, Adv.
Versus
SANSKRITI SCHOOL AND ORS ..... Respondents
Through Mr.Ajit Kumar Sinha, Sr. Adv. with
Mr.Srijan Sinha, Adv. for R-1 & 2.
Mr. Gautam Naryan, Adv. for GNCTD/R-3.
Mr.Gaurang Kanth, Adv. with Ms.Biji Rajesh,
Adv. for CAG/R-4
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
ORDER
% 23.07.2020 This hearing is conducted through Video Conferencing. CM Nos. 16062-63/2020 (exemption) The applications are allowed subject to just exceptions. W.P.(C) 4461/2020 and CM No. 16061/2020
1. This writ petition is filed by the petitioners on behalf of students studying in respondent No. 1 School seeking the following reliefs:-
"(a) to pass an order or direction to quash the circular dated 30.03.2020 up to extent the same is dealing with the financial year 2020-21 on the ground that the same is issued on the basis of order dated 06.03.2020 which is superseded by order dated 18.04.2020.
(b) to pass an order or direction to quash the final reminder dated 08.07.2020 and declare the same arbitrary and illegal as the same is based on a superseded order dated 30.12.2013 which is redundant after order dated 18.04.2020.
(c) to pass any other order or direction to restrain the respondent society to bear the cost of the education for children belonging to Economically weaker section and disadvantage group under the provisions of RTE Act, 2009 for which they are otherwise bound under the land allotment condition accepted by them for getting land almost free.
(d) to pass an order to the respondent Comptroller and Auditor General of India to ensure the forensic audit of the account of school under provisions of Rule 180(2) of Delhi RTE Rules."
2. Essentially the grievance of the petitioners is that on 16.12.2019, the respondent director of education passed a sanction order and approved the fee hike of 20% for the session 2019-20 with a direction to collect the increased fees from October 2019. On 30.03.2020, the respondent School issued a circular for students informing them about the fee hike approvals with demand of fee.
3. Learned counsel appearing for GNCTD/respondent No. 3 states that the entire thing hinges upon the fee hike order dated 06.03.2020 which is not on record. He submits that he would like to take instructions and place the said order on record before this court so that this court can further deal with the matter.
4. Learned counsel for the petitioner however insists that the circular issued by the respondent School dated 30.03.2020 is contrary to the new circular issued by Govt. of NCT of Delhi dated 18.04.2020. He states that the circular dated 18.04.2020 forbids any hike of fees for the present academic session.
5. Learned senior counsel appearing for respondent No. 1 School denies the aforesaid contention of the petitioner.
6. In the interest of justice, as submitted by learned counsel for respondent No.3, adjourned to 14.08.2020.
JAYANT NATH, J JULY 23, 2020/rb