Delhi High Court
Surrender Singh And Ors vs Ramjas School And Ors on 5 December, 2011
Author: Hima Kohli
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on : 05.12.2011
+ W.P.(C) 2169/2011
IN THE MATTER OF
SURRENDER SINGH AND ORS ..... Petitioners
Through: Mr.Ashok Agarwal, Advocate with
Mr. Khogesh Jha and Ms. Jiggussa
Chaudhary, Advocates
versus
RAMJAS SCHOOL AND ORS ..... Respondents
Through: Mr. Rakesh Khanna, Sr. Advocate with
Mr. S.K. Gupta and Mr. Manish Gupta,
Advocates for R-1 and R-2.
Mr. Pankaj Batra, Advocate for
R-3/Deptt. of Education, GNCTD, with
Mr. Anil Kumar, Dy. Education Officer,
Zone West.
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI
HIMA KOHLI, J. (ORAL)
1. An additional affidavit dated 03.09.2011 has been filed by
respondent No.3/Directorate of Education, Govt. of NCT of Delhi, wherein
it is stated that an order dated 02.09.2011 was passed by the Director of
Education, whereunder respondents No.1 and 2/School were directed to
withdraw the arbitrary fee hike of `400/- per month per child effected
from 01.04.2011, with liberty granted to respondents No.1 and 2/School
to reassess its requirement for a fee hike, if any, after pressing into use
the financial resources at its disposal. It was further directed that the
excess amount already realized from the parents due to the fee hike shall
be adjusted by respondents No.1 and 2/School in the payment of fee of
those students over a period of one year, so that there are no immediate
financial strain on the School. Counsel for respondent No.3/Directorate
of Education, Govt. of NCT of Delhi, states that despite the aforesaid
order directing the School to roll back the enhancement of fee, effected
by it, respondents No.1 and 2/School have proceeded to arbitrarily
enhance the tuition fee from `1,900/- per month to `2,200/- per month
with effect from 1.4.2011.
2. The minutes of the meeting of the Managing Committee of
respondents No.1 and 2/School dated 15.11.2011 have been placed on
record by respondents No.1 and 2/School along with its additional
affidavit dated 28.11.2011. Respondents No.1 and 2/School has also
placed on record a representation dated 05.10.2011 addressed to
respondent No.3/Directorate of Education, Govt. of NCT of Delhi,
requesting it to review the earlier order dated 02.09.2011 passed by it for
withdrawal of fee the hike for the academic session 2011-12.
3. Having regard to the fact that even as per the understanding of
respondents No.1 and 2/School, it was called upon to roll back the entire
hike of tuition fee of `400/- given effect to from 01.04.2011 onwards, the
question of the Managing Committee of respondents No.1 and 2/School
proceeding to revise the tuition fee to `2,200/- per student per month is
not acceptable. It is to be further noted that if respondents No.1 and
2/School had a grievance that respondent No.3/Directorate of Education,
Govt. of NCT of Delhi was not deciding their representation dated
05.10.2011, it was always open to them to approach the Court for
appropriate directions to respondent No.3/Directorate of Education, Govt.
of NCT of Delhi in that regard. However, the same cannot be a ground
for continuing with a revision in the school fee in the teeth of the order
dated 02.09.2011 passed by respondent No.3/Directorate of Education,
Govt. of NCT of Delhi, which has admittedly not been challenged by
respondents No.1 and 2/School before any forum till date.
4. In view of the above, it is deemed expedient to direct respondent
No.3/Directorate of Education, Govt. of NCT of Delhi, to consider and
decide the representation of respondents No.1 and 2/School dated
05.10.2011 in a time bound manner and preferably within a period of two
weeks from today. While taking a decision on the representation of
respondents No.1 and 2/School dated 05.10.2011, respondent
No.3/Directorate of Education, Govt. of NCT of Delhi, shall also take into
consideration the observations made by the Managing Committee in its
meeting dated 15.11.2011, a copy of which has been served on the
counsel for respondent No.3/Directorate of Education, Govt. of NCT of
Delhi. A decision shall be taken by respondent No.3/Directorate of
Education, Govt. of NCT of Delhi, under Section 17(3) of the Delhi School
Education Act and the same shall be communicated to respondents No.1
and 2/School.
5. As regards the implementation of the decision of the Managing
Committee of respondents No.1 and 2/School dated 15.11.2011 in view of
the assurance given by learned Senior Advocate appearing for
respondents No.1 and 2/School that the upward revision in fee shall not
be given effect to till a decision is taken by respondent No.3/Directorate
of Education, Govt. of NCT of Delhi on the representation filed by
respondents No.1 and 2/School, which is pending at its end, the Court is
refraining from passing any further orders. However, respondents No.1
and 2/School shall be at liberty to continue charging the tuition fee from
the students @ of `1,900/- per month per student w.e.f. 01.04.2011 and
further, if amounts in excess have been recovered by the School on
account of the fee hike, adjustment thereof shall be given to the
concerned students, in terms of the order dated 02.09.2011 passed by
respondent No.3/Directorate of Education, Govt. of NCT of Delhi.
6. In view of the aforesaid order, nothing further survives in the
present petition and the same is disposed of. Needless to state that if
respondents No.1 and 2/School are aggrieved by the orders that may be
passed by respondent No.3/Directorate of Education, Govt. of NCT of
Delhi on their representation, they shall be entitled to seek their remedies
as per law. Further, the petitioners shall also be entitled to make a
representation before respondent No.4/Comptroller and Auditor General
of India as regards their grievance relating to non-auditing of accounts of
respondents No.1 and 2/School.
DASTI to the counsel for respondent No.3/Directorate of Education,
Govt. of NCT of Delhi.
(HIMA KOHLI)
DECEMBER 5, 2011 JUDGE
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