Apeejay School, Pitampura (2019-20) vs Directorate Of Education on 13 May, 2022

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Delhi High Court - Orders

Apeejay School, Pitampura (2019-20) vs Directorate Of Education on 13 May, 2022

Bench: Rekha Palli

                          $~48
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    W.P.(C) 7515/2022 & CM APPL. 22940/2022 -Int. dir.

                                 APEEJAY SCHOOL, PITAMPURA (2019-20) ..... Petitioner
                                              Through: Mr. Kamal Gupta, Mr. Sparsh
                                                       Aggarwal and Ms. Sonakshi, Advs.



                                                     versus

                                 DIRECTORATE OF EDUCATION                 ..... Respondent
                                               Through: Mr. Adithya Nair for Mr. Gautam
                                                          Narayan, Adv.
                                 CORAM:
                                 HON'BLE MS. JUSTICE REKHA PALLI
                                               ORDER

                          %                    13.05.2022

                          CM APPL. 22941/2022 -Ex.

1. Exemption allowed, subject to all just exceptions.

2. The application is disposed of.

W.P.(C) 7515/2022 & CM APPL. 22940/2022 -Int. dir.

1. The petitioner has approached this Court assailing the order dated 16.12.2021 passed by the respondent whereby its request for a hike in the school fees for the academic year 2019-20 has been rejected.

2. Learned counsel for the petitioner submits that the impugned order has been passed in complete violation of the principles of natural justice, as expenses under various heads have been disallowed without even granting any opportunity to the petitioner to provide a justification for these expenses.

Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:13.05.2022 18:12:09

3. Issue notice. Mr. Adithya Nair accepts notice on behalf of the respondent and defends the impugned order by contending that the same was passed after a careful consideration of all the documents and accounts by an independent Chartered Accountant company in the presence of the representatives of the petitioner school.

4. At this stage, it is pertinent to note that recently, a number of similar petitions filed by various schools on similar grounds are being listed before this Court as there is presently no mechanism in place for an independent review of the accounting exercise, which forms the basis of these impugned orders. Consequently, this Court is constrained to entertain these writ petitions.

5. In the light of this position, Mr. Adithya Nair, while praying for time to file counter affidavit, assures the Court that this aspect will be duly considered by the respondents at the earliest.

6. Counter affidavit be filed within four weeks. Rejoinder thereto, if any, be filed before the next date.

7. Till the next date, the respondent will stand restrained from taking any coercive steps against the petitioner in pursuance of the impugned order.

REKHA PALLI, J MAY 13, 2022 ms Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:13.05.2022 18:12:09

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Delhi High Court - Orders