Delhi Secretariat
Delhi Secretariat
Litigation News

Parents entitled to move Directorate of Education if schools demand consolidated fee instead of separate heads for tuition fee etc: Delhi HC

Aditi Singh

The Delhi High Court has ordered that in case a school demands consolidated fees i.e. without distinguishing the various heads of tuition fees, co-curricular activities fee etc, the parents are entitled to bring it to the notice of the Directorate of Education, which shall take steps in accordance with law. (Rajat Vats vs Delhi Govt)

The order was passed by a single Judge Bench of Justice Prathiba M Singh in a petition by Rajat Vats (Petitioner).

The Petitioner had moved the High Court seeking a direction to the Delhi Government to suspend all heads of fees being charged by private schools, except tuition fees, for the month of April to June 2020 on account of the COVID-19 pandemic.

In response to the Petitiom, the Delhi Government submitted that it was fully conscious of situation and the financial difficulties that the parents might be facing due to the lockdown.

The Court was informed that on April 17, an order had already been passed directing the schools that they shall not demand any fees except tuition fee from parents.

With respect to the Petitioner's concern that for parents who have already deposited the extra fee, adjustments ought to be granted, the Delhi Government stated that the same would be considered.

Taking on record the Delhi Government prder passed on April 17, the Court observed,

Insofar as the tuition fee is concerned, the charging of the same would be justified in view of the fact that almost all the schools are conducting online classes and the teachers are discharging their functions by imparting course work over online platforms, checking project work online, correcting papers wherein students have already given examinations, preparing questions on lessons taught and supervising students to complete the work given etc. There is also a burden on the schools to pay their staff during these months.
Delhi High Court

The Court ultimately opined that it was not inclined to interfere in the issue of schools fees as the authorities had already taken cognisance of the issue and further the matter fell in the policy domain.

The Court nonetheless recorded the Petitioner's concern with respect o the demand of a "consolidated fee" by certain school, i.e. fees which is demanded without distinguishing the various heads of tuition fee, co-curricular activities fee etc. and ordered,

If there is any specific complaint against any particular school, the parents concerned would be entitled to bring the same to the notice of the Directorate of Education, which shall take steps in accordance with law.
Delhi High Court

The Petition was accordingly disposed of.

The Petitioner, Rajat Vats, appeared in person.

Delhi Government was represented by Standing Counsel Ramesh Singh.

Read the Order:

Rajat Vats vs GNCT of Delhi.pdf
Bar and Bench - Indian Legal news