Mr. Rahul Chadha And Ors. vs Summer Field School & Ors.
2013 Latest Caselaw 1646 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI


+                         WP(C) No.1128/2010

%                                                        April 10, 2013

MR. RAHUL CHADHA AND ORS.                   ..... Petitioners
             Through: Mr. Ashok Aggarwal, Advocate.


                          versus

SUMMER FIELD SCHOOL & ORS.                 ..... Respondents

Through: Mr. P.D. Gupta, Advocate for respondent Nos.1 and 2.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA


To be referred to the Reporter or not?        Yes


VALMIKI J. MEHTA, J (ORAL)

1. This writ petition is filed by petitioners whose wards are

studying in respondent No.1-school. The only issue requiring decision in

this case is as to whether a private recognized unaided school is entitled to

ask fees for more than one month together i.e can a private recognized

unaided school charge fees in advance for more than one month at one point

of time.

2. It is undisputed that the respondent No.1-school is governed by

the Delhi School Education Act, 1973 and the Rules framed thereunder. The

aspect of fees to be paid by the students is the subject matter of Chapter XIII

Part B of the Delhi School Education Rules, 1973. Two rules in Part B of

Chapter XIII, which contains rules from Rules 157 to 170, are relevant and

which rules are Rules 165 and 166. These rules read as under:-

"Rule 165. Last date for payment of fees and contributions.-All fees and contributions payable to a school by a student shall be payable by the 10th day of the month in which they are due: Provided that where the school remains closed on the 10 th day of the month, such fees or contributions shall be payable on the date following the 10th day on which the school re-opens: Provided further that where the school remains closed for the long vacation, fees and contributions shall be payable within ten days from the day on which the school re-opens after the long vacation.

Rule 166. Fine for late payment of fees, etc.-(1) A fine for late payment of the fees or contributions due to a school shall be charged from the student at the rate of five paise for every days, after the 10 th, for which the default continues.

(2) The head of the school may, if satisfied that the delay in payment of the fees and contributions was unavoidable, remit the whole or any part the fine referred to in sub-rule (1)."

3. A reading of the aforesaid Rule 165 shows that fees have to be

paid by a student by the 10th day of the month for which they are due and

Rule 166 provides for late payment of fees i.e after the 10th day of the month

and till the default continues. A conjoint reading of these rules show that a

school cannot charge fees except for one month at one time and the last date

for payment of fees will be 10th day of the month for which the fees will

become due.

4. Learned counsel for respondent Nos.1 and 2 has drawn my

attention to the following portion which appears in Dixit's School Manual

and which is said to contain an order passed by the Director of Education

and which reads as under:-

"Duty of collection of Fees/Funds, custody and accounts of stores, etc. entrusted to the ministerial staff.

It has been decided that in future the collection of dues from the students will be made by the ministerial staff posted in the schools as the same are now on quarterly basis.

It is further ordered that the responsibility for the custody and accounts of stores such as furniture, general equipments, fixtures etc. be also entrusted to the ministerial staff of the schools except the Laboratory equipment, Library books and Sports stores equipments etc. In case of shortage/absence of ministerial staff, the Principal of the school may depute teachers to collect school dues as herein before as he/she deems necessary.

[Dte. Of Edn., Coord. Branch, No.F.30-3(95)-Coord. /33021-34021 dated 1.10.1990]"

5. On the basis of the aforesaid circular it is contended that the

schools are entitled to charge quarterly fees. In my opinion, though the

circular on the first blush seems to refer to collection of fees on quarterly

basis, however, a reading of the entire circular shows that the portion relied

upon is only indication of the fact that there possibly is a practice or may be

an earlier circular for collection of fees on quarterly basis. This very circular

does not authorize the private unaided schools to take fees on quarterly

basis. In any case, the Director of Education has no power to issue circulars

which will be in violation of statutory rules. Rules 165 and 166 are statutory

in character. Once rules are statutory in character it is not possible for

Director of Education to issue circulars in violation of these rules whereby

fees can be allowed to be charged by a school otherwise than every month

and which is payable by the 10th day of the month in which the fees become

due.

6. In view of the above, the writ petition is allowed. Respondent

No.1-school is directed only to collect monthly fees from the wards of the

petitioners and the respondent No.1-school will accordingly comply with the

provisions of Rules 165 and 166 of Delhi School Education Rules, 1973.

Writ petition is accordingly allowed, leaving the parties to bear their own

costs.

VALMIKI J. MEHTA, J APRIL 10, 2013 Ne