Delhi HC stays DOE order on prior sanction for increase in fees of pvt schools

New Delhi, May 1 (PTI) The Delhi High Court has stayed an order of the Directorate of Education (DoE) directing private unaided schools, allotted land by government, to seek its prior sanction for increasing fees. Justice C Hari Shankar issued notice on a petition by ‘Action Committee Unaided Recognized Private Schools’ challenging the March 27 order and said the decision was “objectionable” and cannot be allowed.

“Counter-affidavit, if any, be filed within four weeks.. Till the next date of hearing, the operation of the impugned circular dated 27 March 2024 issued by the DoE shall stand stayed,” the court said.

In that order, the DoE directed all the head of schools/managers of private recognized unaided schools, allotted land on the condition of seeking prior sanction for increase in fee, to submit any such proposals for increase in fees for the academic session 2024-25 by April 15.

It added that if no proposal is submitted by the school, there shall not be an increase in the fee, and any complaint in this regard would be viewed seriously and make the school liable for action according to the statutory provisions.

In the order passed on April 29, the high court observed that as held in earlier judicial decisions, an unaided recognized private school was not required to take prior approval of the DoE before increasing its fees, irrespective of whether the “land clause” applied to it, and therefore, the “schools cannot be driven to litigation” on this issue.

The impugned order, the court said, was “directly contrary” to the law laid down by it while dealing with another petition of ‘Action Committee Unaided Recognized Private Schools’.

“I am constrained, at this stage, to enter a somewhat unhappy comment.The principle that private unaided schools do not have to seek prior approval before enhancing their fees, so long as they do not indulge in profiteering or commercialization of education by charging capitation fees.. as enunciated in (another case by) Action Committee Unaided Recognized Private Schools, remains undisturbed till date, though the decision is under challenge before the Division Bench,” the court observed.

“The DoE, howsoever, dissatisfied it may be with the judgment of this Court in (the case of) Action Committee Unaided Recognized Private Schools has to respect it, so long as it stands. The attitude of the DoE in continuously issuing circulars threatening recognized unaided schools with action in the event of their increasing their fees without obtaining prior approval of the DoE is objectionable, and cannot be allowed,” the court stated.

The petitioner was represented by advocate Kamal Gupta.

The court clarified that as long as there is no interdiction by the appellate court on its earlier decision which held that no prior approval of the DoE was required before an unaided recognised school increased in its fees, even if situated on allotted land, the principle would remain applicable and the DoE was required to respect that position.

The matter would be heard next on July 31.