Delhi High Court - Orders
Mahavir Sr. Model School And Anr vs Directorate Of Education on 25 May, 2021
Author: Prateek Jalan
Bench: Prateek Jalan
$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3426/2020
MAHAVIR SR. MODEL SCHOOL AND ANR. ..... Petitioners
Through: Mr. Kamal Gupta, Advocate with
Mr. Nipun Jain & Mr. Sparsh
Aggarwal, Advocates
versus
DIRECTORATE OF EDUCATION ..... Respondent
Through: Mr. Naushad Ahmed Khan,
Additional Standing Counsel Civil
GNCTD for DOE with Mr. Zahid
and Ms. Manisha Chauhan,
Advocates for DOE
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 25.05.2021 The proceedings in the matter have been conducted through video conferencing.
CM APPLs. 17064-17065/2021 (exemption) Exemption allowed, subject to all just exceptions. The applications stand disposed of.
CM APPL. 17063/2021 (for impleadment)
1. The present application has been filed by an association claiming to represent parents of the students of Mahavir Senior Model School ["the School"], which is the petitioner in the writ petition.
2. The applicant-association seeks impleadment as a party-respondent to the writ petition and a direction upon the petitioner not to take any coercive action with respect to the collection of enhanced fees for the Signature Not Verified Digitally Signed By:SHITU NAGPAL W.P.(C) 3426/2020 Page 1 of 5 Signing Date:26.05.2021 09:51:38 academic sessions 2018-19, 2019-20 and 2020-21, as well as a direction permitting students to deposit the fees as per the old fees schedule for the academic year 2017-18 and withdrawal of show cause notices contrary thereto. The applicant further seeks a direction upon the School to re- admit students whose names have been struck off the rolls for non- payment of the arrears of the fees claimed by the School and conduct of extra classes to enable them to make up for the missed classes.
3. In the writ petition, the School has assailed an order dated 25.01.2019, by which the respondent-Directorate of Education ["DoE"] directed the School not to increase its fees, pursuant to the statement of fees filed by it for the academic session 2018-19. An interim order was passed on 10.06.2020 to the following effect:-
"11. Keeping in view the above position, in my opinion, the petitioner has made out a prima facie case. The parties will maintain stats quo as of today including status quo regarding enhancement of fee. Any fees already collected or billed by the petitioners contrary to the impugned order would be subject to further directions of the court.
12. Learned counsel for the petitioner confirms that for the academic year 2020-21, no fee enhancement is being made as compared to the fee charged in 2019-2020. The petitioners shall abide by this submission. In case for any reason, the petitioner seeks to enhance the fee for year 2020- 21, permission from this court would be taken."
4. The contention in this application is that the School has, contrary to the above order of this Court, sought to recover arrears of fees for the academic sessions 2018-19, 2019-20 and 2020-21 based upon the enhancement claimed by it. According to the applicant, the School is entitled only to levy fees as prevailing in the academic session 2017-18.
Signature Not Verified Digitally Signed By:SHITU NAGPAL W.P.(C) 3426/2020 Page 2 of 5 Signing Date:26.05.2021 09:51:38The applicant has, in paragraph 4 (J) of the application, given the names of 18 students, whose names have been struck off from the School's rolls, and three other students whose online classes have been discontinued.
5. The rights and contentions of the parties with regard to the validity of the fee increase proposed by the School remains to be adjudicated in the writ petition. By the order dated 10.06.2020, the School was found to have made out a prima facie case, and the parties were directed to maintain status quo as of that date, including status quo regarding enhancement of fees. It was further directed that any fees already collected or billed by the School contrary to the impugned order would be subject to further directions of the Court. It is contended by Mr. Kamal Gupta, learned counsel appearing for the School, that for the academic sessions 2020-21 and 2021-22, the School is not billing fees in excess of the tuition fees which were prevalent in the year 2019-2020. This position is confirmed by Mr. Vipin Kumar Yadav, learned counsel for the applicant.
6. In view of the above, a complete stay on the demands raised by the School is not appropriate at this stage. I am of the prima facie view that the order dated 10.06.2020 does not impose a stay on the fee proposed by the School, but on any further enhancement thereof. However, the interests of the parties have to be balanced, having regard to the effect of the pandemic on the livelihood of parents and to the interests of the students in the continuity of their education. The parties are therefore directed as follows, subject to further orders :-
(a) The School will communicate the arrears claimed by it in respect of fees for the period upto May 2021, to the parents of each of the Signature Not Verified Digitally Signed By:SHITU NAGPAL W.P.(C) 3426/2020 Page 3 of 5 Signing Date:26.05.2021 09:51:38 students whose names have been struck off from its records and who have been denied online classes, within one week from today.
(b) The concerned parents will deposit 50% of the arrears claimed by the School within two weeks from today.
(c) The deposit will be made by the parents and accepted by the School without prejudice to their rights and contentions in the present petition, and subject to adjustment of accounts depending upon the result of the petition.
(d) The concerned parents will also file an undertaking before this Court within two weeks from today, to the effect that in the event the School is found entitled to the balance arrears as claimed by it, they will make payment of the same within the time granted by this Court at the appropriate stage.
(e) Subject to the payments being made as aforesaid, the School will restore the names of the students which have been struck off from its rolls and will restore online classes of those students to whom online classes have been denied on the ground of arrears of fees.
(f) As far as current fees are concerned, the School is entitled to recovery of the fees in terms of the applicable guidelines of the DoE. The School will raise invoices accordingly, and the parents will pay the fees from June, 2021 in accordance with the invoices raised by the School.
7. It is made clear that this is an interim arrangement, subject to adjustment as may be directed by the Court. The observations in this order are only for this purpose, and will not prejudice the parties at the hearing of the writ petition.
8. As far as conducting extra classes is concerned, Mr. Gupta assures Signature Not Verified Digitally Signed By:SHITU NAGPAL W.P.(C) 3426/2020 Page 4 of 5 Signing Date:26.05.2021 09:51:38 the Court that the School will make every possible effort to ensure that the students do not suffer as a consequence of the classes they might have missed.
9. Replies to the present application may be filed within four weeks. Rejoinders thereto, if any, be filed within one week thereafter.
10. List alongwith the writ petition on the date already fixed, i.e. 14.07.2021.
W.P.(C) 3426/2020
1. The DoE is directed to file a reply to the writ petition positively within four weeks. Rejoinder thereto, if any, may be filed within two weeks thereafter.
2. List on the date fixed, i.e. 14.07.2021.
PRATEEK JALAN, J MAY 25, 2021 'j' Signature Not Verified Digitally Signed By:SHITU NAGPAL W.P.(C) 3426/2020 Page 5 of 5 Signing Date:26.05.2021 09:51:38