Private unaided schools on land alloted by DDA have to take prior government sanction before hiking fees, the Delhi High Court held today, saying that "schools cannot indulge in profiteering and commercialisation" of education.
A bench of Chief Justice G Rohini and Justice Jayant Nath directed the Delhi government's Directorate of Education (DoE) to ensure compliance of the terms in letter of allotment regarding increase of fees by recognised private unaided schools on land alloted by DDA.
It directed Delhi Development Authority (DDA) to take appropriate steps in accordance with the law against those private schools which violate the stipulation regarding fee hike in the letter of allotment.
"It is clear that schools cannot indulge in profiteering and commercialisation of school education...Quantum of fees to be charged by unaided schools is subject to regulation by DoE in terms of power conferred under Delhi Schools Education Act of 1973 and it is competent to interfere if hike in fee by a particular school is found to be excessive and perceived as indulging in profiteering.
"...In light of Supreme Court judgement in Modern School vs Union of India, they (private schools) are bound to comply with stipulation in letter of allotment," the bench said in its 16-page verdict.
It also asked, "DoE to ensure compliance of the terms in letter of allotment regarding increase of fees by recognised private unaided schools which are alloted land by DDA."
The judgement came on a PIL filed by advocate Khagesh Jha for an NGO, Justice for all, which had sought that recognised private unaided schools on land alloted by DDA be directed to abide by the stipulation in letter of allotment to take prior sanction of DoE before hiking their fees.
In an earlier plea by the Committee, the court had told
several unaided private schools not to hike fees till August 22 and submit their account details to the Delhi government by then to be permitted to hike fees.
The direction came on the plea seeking three more months to file the documents, the last date for which was July 31.
On January 19, the High Court had held that private unaided schools which were allotted land by DDA have to take prior government sanction before hiking fees.
It had directed the DoE to ensure compliance with the terms in letter of allotment regarding increase of fees by recognised private unaided schools on land alloted by DDA, which in turn was asked to take appropriate action against violation of the stipulation.
The judgement had come on a PIL filed by an NGO, Justice for All, which had sought that the recognised private unaided schools on land alloted by DDA be directed to abide by the stipulation in letter of allotment to take prior sanction of DoE before hiking their fees.
These schools had filed a plea seeking a review of the January 19 verdict, but the high court had dismissed that on July 27.
