Non-refund of excess fee can lead to derecognition: Govt to HC

Private schools in the national capital, which do not refund the excess fees charged by them on the pretext of implementing the 6th Pay Commission, will face de-recognition or takeover, the AAP government told the Delhi High Court today.
The submission was made by the Directorate of Education (DoE) of the Delhi government before a bench of Justices Siddharth Mridul and Mukta Gupta which was hearing an NGO's plea claiming that the recommendation of a court-appointed expert panel to refund the excess fees was not being complied with by several private schools.
The NGO, Abhibhavak Mahasangh, had also alleged that the DoE was not ensuring implementation of the recommendations of the Justice Anil Dev Committee set up by the high court to review the fees of the private schools.

After examining 1092 private schools, the panel had said that 531 among them had charged excess fee and recommended that it should be refunded with nine per cent interest. It had also recommended special inspection of 247 schools.
Pursuant to the court asking the department what steps it has taken to ensure compliance of the recommendations, the DoE filed an affidavit laying down the measures it has taken and proposes to take, including de-recognition and takeover, of the private schools which do not refund the excess fees.
The bench, after perusing the affidavit, directed the department to take the steps it has laid out and listed the matter for further hearing on August 10.

The DoE, in its affidavit filed through advocate Santosh Tripathi, has said that it has issued specific orders to "471 erring schools" to comply with the committee's recommendations, failing which necessary action would be taken against them under the Delhi School Education Act and Rules of 1973 (DSEAR).

The action being contemplated were either de-recognition of the errant schools or their takeover, except in the case of minority institutions.
The high court had set up the panel and issued directions for refund of excess fees in 2011 on a plea by the NGO.
Thereafter, the NGO had moved the court claiming that over 500 private schools were yet to refund Rs 350 crore of excess fee taken from students on the pretext of implementing the Sixth Pay Commission. It had also sought initiation of contempt proceedings against all such institutions.