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SC issues notice on private schools on govt land hiking fees
SC issues notice on private schools on govt land hiking fees

United News of India

time5 days ago

  • Politics
  • United News of India

SC issues notice on private schools on govt land hiking fees

New Delhi, May 30 (UNI) The Supreme Court has issued a notice to the Director of Education (DoE), Government of Delhi, on a plea challenging the Delhi High Court's orders that permitted private unaided schools situated on government-allotted land to hike fees without prior approval from the education department. The bench, comprising Chief Justice of India (CJI) B.R. Gavai and Justice A.G. Masih, was hearing a special leave petition filed by Naya Samaj Parents Association, contesting two rulings of the Delhi High Court that upheld the autonomy of private schools in revising fee structures. According to the petition, 'private unaided schools in Delhi have increased their fees multifold, in some cases by up to 100% and are initiating penal actions against students for non-payment, thereby creating confusion and panic among parents.' The controversy stems from an interim order passed in April 2024 by a Single Judge of the Delhi High Court in a writ petition filed by the Action Committee Unaided Recognised Private Schools. In this order, the court observed that, as per prevailing law, unaided recognised private schools are not required to seek prior permission from the DoE before raising their fees, regardless of land allotment clauses. The order also stayed a circular issued by the DoE regulating fee proposals from unaided private schools. The petition before the Supreme Court specifically challenges paragraph 29 of this order. Subsequently, in its final order dated April 8, 2025, the High Court's division bench dismissed a Letters Patent Appeal filed against the interim order, on the procedural ground that the petitioner was not a party in the original writ proceedings. The petitioner, however, argues that this decision conflicts with previous rulings of both the Delhi High Court and the Supreme Court. It cites the Justice For All vs Govt. of NCT of Delhi case, where the Delhi High Court held that the DoE has the authority under Section 17(3) of the Delhi School Education Act, 1973 to regulate fee hikes and prevent profiteering by unaided schools. The petitioner also relies on the Supreme Court's judgment in the landmark Modern School vs Union of India case, which emphasised that private schools on DDA-allotted land must seek prior approval from the DoE before increasing tuition fees. In that case, the Apex Court directed the Director of Education to verify whether schools were complying with the terms of their land allotment and take action in case of violations. A specific clause in the DDA's allotment letters, referred to by the Supreme Court, reads, 'The school shall not increase the rates of tuition fee without the prior sanction of the Directorate of Education, Delhi Administration and shall follow the provisions of the Delhi School Education Act/Rules, 1973 and other instructions issued from time to time.' In its ruling in Modern School, the Court had directed, 'The Director of Education shall examine the terms of allotment issued to schools and ensure compliance within three months. In case of non-compliance, appropriate steps shall be taken.' The Supreme Court has now taken cognisance of the petitioner's concerns and issued a notice to the Delhi DoE for its response. The matter is expected to be heard in June. UNI SNG SSP

SC raps Delhi private schools for fee hike without govt nod
SC raps Delhi private schools for fee hike without govt nod

Time of India

time5 days ago

  • Business
  • Time of India

SC raps Delhi private schools for fee hike without govt nod

The Supreme Court on Thursday pulled up private unaided schools in Delhi for sharply hiking tuition fees without prior government approval, questioning how institutions receiving land at concessional or no cost could unilaterally raise fees. 'If land is allotted free of cost or at a concessional rate, how can you exorbitantly increase fees without the government's nod?' asked a bench comprising Chief Justice D Y Chandrachud (note: original says CJI B R Gavai, but verify with source) and Justice A G Masih, reported The Times of India. The court was hearing a petition filed by the Naya Samaj Parents Association , which challenged two Delhi High Court orders that had permitted such fee hikes by unaided private schools without prior approval from the Directorate of Education (DoE). The petitioner argued that schools were penalising students who couldn't afford the fees, causing distress among students and parents. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 'They Want This Joint Relief Gummy Gone—Here's Why Seniors Love It' Joint Fuel 360 Click Here Undo The SC bench directed the Action Committee Unaided Recognised Private Schools and the Delhi government's education directorate to file their responses within three weeks. The petition contended that the HC orders contradicted previous Supreme Court rulings—particularly the 2004 Modern School case—that mandated schools situated on government-allotted land must obtain prior approval from the DoE before increasing tuition fees. Live Events Quoting the earlier SC verdict, the plea said: 'The quantum of fees to be charged by unaided private schools is subject to regulation by DoE under Section 17(3) of the Delhi School Education Act, 1973.' The court had also emphasised that private schools must not engage in profiteering or commercialisation of education. The current challenge comes amid broader concerns over affordability and transparency in fee structures in Delhi's private school sector. With inputs from ToI

Delhi HC Directs DPS Dwarka To Reinstate Students, Asks Parents To Pay 50% Of Fee Hike
Delhi HC Directs DPS Dwarka To Reinstate Students, Asks Parents To Pay 50% Of Fee Hike

News18

time6 days ago

  • Politics
  • News18

Delhi HC Directs DPS Dwarka To Reinstate Students, Asks Parents To Pay 50% Of Fee Hike

Last Updated: Over 100 parents of DPS Dwarka students had moved the high court, challenging the school's decision to hike fees The Delhi High Court recently allowed students of Delhi Public School, Dwarka, whose names were struck off, to continue their studies, subject to the condition that parents must pay 50 per cent of the increased portion of the fee for academic years 2024–25 onwards. 'It is directed that the wards of the petitioners shall be allowed to continue their studies in their respective classes till the pendency of the present petition subject to the parents depositing 50 per cent of the hiked school fee for the academic year 2024-25 onwards," a bench led by Justice Vikas Mahajan directed. The court was hearing a plea filed by over 100 parents of DPS Dwarka students, challenging the school's demand for a hiked fee and seeking relief after their children's names were struck off the school rolls due to non-payment. The petitioner-parents before the high court contended that the Directorate of Education (DoE) passed an order wherein it had rejected DPS Dwarka's proposed fee hike for the academic year 2023–24. Despite the said order, the parents argued that the school continued demanding the hiked fee and struck off students' names who didn't pay. Weighing the contentions, the court explained the legal framework governing private unaided schools like DPS Dwarka and said such schools are allowed to fix their fees based on projected expenses without prior approval from the DoE. However, the court also clarified that the DoE has the power to review the fee structure under Section 17(3) of the Delhi School Education Act. The court said the DoE can examine whether the fee hike is arbitrary, irrational, or amounts to 'profiteering" or 'commercialisation" of education. If, upon such finding, the answer is in the affirmative, the DoE has the power to pass an appropriate order. While referring to the order passed by DoE concerning the academic year 2023–24, the Court noted that it had already examined the issue and rejected the fee hike after analysing the audited financial statements of the school. Although the school has challenged the said order, the court has not granted any stay. Therefore, the school is legally bound to follow the DoE's order as it stands. Noting that the petitioners have also sought interim relief with respect to the subsequent academic years, including the current year 2025–26, the court held that the DoE has not yet rejected the fixation of fee by the school for the academic session 2024-25 onwards. Therefore, the school is legally allowed to charge the projected fee for these years until the DoE intervenes. 'Until and unless the DoE reviews the financial statements of the school and, on its findings, rejects the statement of fee… the law does not provide for any embargo on such enhancement," the court held. After taking note of the submission made by senior advocates Pinaki Misra and Puneet Mittal, appearing on behalf of DPS Dwarka, who, on instructions, stated that the school is amenable to the petitioners paying 50 per cent of the hiked school fee, the court passed an interim direction allowing the same. The matter will now be heard next on August 28. Watch India Pakistan Breaking News on CNN-News18. Get breaking news, in-depth analysis, and expert perspectives on everything from politics to crime and society. Stay informed with the latest India news only on News18. Download the News18 App to stay updated! First Published:

Delhi News Live Updates: HC to hear plea of DPS Dwarka against govt's order to re-admit 32 students expelled over non-payment of fees
Delhi News Live Updates: HC to hear plea of DPS Dwarka against govt's order to re-admit 32 students expelled over non-payment of fees

Indian Express

time6 days ago

  • Climate
  • Indian Express

Delhi News Live Updates: HC to hear plea of DPS Dwarka against govt's order to re-admit 32 students expelled over non-payment of fees

Delhi News Live Updates: The Delhi High Court Thursday will hear a plea by Delhi Public School (DPS) Dwarka challenging government's order to reinstate the 32 students it rusticated earlier this month over non-payment of fees. Over a week earlier, the court said it was inclined to stay the school's order, noting that the school had not complied with provisions of the Delhi School Education Act. What's the weather like: The national capital on Thursday recorded a minimum temperature of 29 degrees Celsius, 2.4 notches above season's average, according to the India Meteorological Department (IMD). IMD has also forecasted thunderstorm with rain on Thursday and Friday. Delhi 's air quality was recorded in 'moderate' category with an AQI of 143, according to Central Pollution Control Board (CPCB) data.

Delhi HC directs DPS Dwarka to let students continue studies, asks parents to deposit 50% of hiked fees
Delhi HC directs DPS Dwarka to let students continue studies, asks parents to deposit 50% of hiked fees

Indian Express

time6 days ago

  • Business
  • Indian Express

Delhi HC directs DPS Dwarka to let students continue studies, asks parents to deposit 50% of hiked fees

Saying that there is no embargo on schools hiking fees, the Delhi High Court has directed Delhi Public School (DPS) Dwarka to allow the 102 students, whose parents had moved the court against a school fee hike, to continue their studies, subject to 50 per cent of the hiked school fee for the 2024-25 academic year being deposited. In a May 16 order made public on Wednesday, Justice Vikas Mahajan said, '…the law as it stands today, permits the school to fix the fees as per its projected expenses without prior approval of the DoE [Directorate of Education].' The court went on to add that the fee statement submitted by the school before the commencement of each academic session would be subject to the DoE's decision, as it has the authority to regulate the quantum of fee charged by unaided schools under Section 17(3) of the Delhi School Education Act. Justice Mahajan reasoned, 'Thus, it is open to DoE to see whether such fixation is irrational or arbitrary which results in 'profiteering' or 'commercialisation'. If the DoE finds in affirmative, it can pass an appropriate order, including an order rejecting enhancement of fee with consequent direction to roll back the hiked fee.' The court also clarified that the 'rebate of 50 per cent is on the hiked component of the fee, the base fee shall be paid in full'. 'It is further clarified that the dues in terms of the present order with regard to the wards of the petitioners shall be calculated after adjusting the excess fee collected for the year 2023-24, in terms of DoE's order dated 22.05.2024. The parties are, however, at liberty to seek variation or modification of the directions contained in the present order, in the altered circumstances,' Justice Mahajan said. The parents of the 102 students had moved the Delhi High Court, seeking a direction to the DoE to examine the school's non-compliance with administrative orders issued by the DOE as well as judicial orders. The parents had also highlighted that the school 'has again increased the fee suo-moto without the approval of the office of the Directorate of Education, Delhi for the academic year 2025-26 and the non-payment of this unapproved fees for the academic session 2025-26 is resulting into various coercive practices'. The court also recorded that the school has to comply with a May 22, 2024, DOE order in the absence of a stay from the Delhi High Court, where the DOE had rejected the fee hike by the school for the academic year 2023-24. 'However, the interim relief sought by the petitioners in the present case with regard to the subsequent academic years including current year 2025-26 does not persuade this court inasmuch as nothing has been placed on record to show that the DoE has rejected the fixation of fee by the school for the academic session 2024-25 onwards,' Justice Mahajan recorded. 'Until and unless the DoE reviews the financial statements of the school and on its findings, rejects the statement of fee providing for enhancement for the academic sessions 2024-25 onwards on the touch stone of 'profiteering' and 'commercialisation' of education, the enunciation of law as noted above does not provide for any embargo on such enhancement of fee,' Justice Mahajan added. 'In that view of the matter, the parents of the students studying in DPS-Dwarka ought to pay the fee as per the statements of fee submitted by the school for the academic sessions 2024-25 onwards, till the time the DoE takes a decision on the same, and further subject to the final outcome of the present writ petition,' the court ruled. The court also termed some of the parents' complaints filed with the Bar Council of India against Puneet Mittal, senior advocate appearing for DPS Dwarka, alleging misconduct under Section 35 of the Advocates Act, 1961, and for delaying the court proceedings, as 'unwarranted and unacceptable'.

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