Baby Suhani Kapoor & Anr. vs Rich Harvest Public School & Anr.
2020 Latest Caselaw 2216 Del

                                                                                           SINDHU KRISHNAKUMAR

                                                                                           23.07.2020 21:02


                                $~6
                                *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                                            Date of Decision: 22nd July, 2020
                                +                   W.P.(C) 4448/2020 & CM APPLs. 16022-23/2020
                                       BABY SUHANI KAPOOR & ANR.               ..... Petitioners
                                                    Through: Mr. Lal Singh Thakur, Advocate.
                                                    versus

                                       RICH HARVEST PUBLIC SCHOOL & ANR.        ..... Respondents
                                                    Through: Mr. Santosh Kumar Tripathi,
                                                              Advocate for R-2.
                                       CORAM:
                                       JUSTICE PRATHIBA M. SINGH
                                Prathiba M. Singh, J. (Oral)

1. This hearing has been done by video conferencing.

2. The present writ petition has been filed by the father of two minor girls, who are Petitioners in the present petition and are studying in classes 9 and 5 in Rich Harvest Public School, Janak Puri, New Delhi (hereinafter, "School").

3. The case of the Petitioners is that they have been studying in this School since nursery and their performance has been good. Ld. counsel for the Petitioners submits that the father of the Petitioners was running a small bangles shop at Shalimar Bagh for 25 years. The same was however demolished by DDA in April, 2018. After the said demolition, he has been doing small jobs and was also working as a waiter in Swiggy for sometime. Due to his poor financial condition and the COVID-19 lockdown, he has not been able to pay the school fee of his children and some amount of the fees is pending as the Petitioners' father has no source of income. It is submitted

Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:23.07.2020 15:17 that due to non-payment of their fee the access to the School's online portal has been completely stopped since 1st April, 2020. Despite repeated e-mails being sent, access to the School's online portal has not been provided to the Petitioners. Hence, the present petition.

4. Mr. Tripathi, ld. ASC appearing for the Directorate of Education (hereinafter, "DoE") submits that the GNCTD has already issued guidelines on 18th April, 2020 in respect of payment of fee during the lockdown period. Guideline 8 reads as under: -

"viii. Heads of the schools shall, in no case, deny ID & Password to those students/parents for getting online access of educational facilities/classes/material etc to those students who are unable to pay the school fee due to financial crisis arising out of closure of business activities in the ongoing lockdown condition."

5. None appears for the School despite advance copy of the petition being served. In case of non-payment of fee, especially in situations where the parents are in an extremely poor financial condition, students ought not to be deprived of their education as in the present case. The Petitioners ought to be given access immediately to the online portal and they ought to be permitted to participate in all the school activities as regular students of the school.

6. Ld. counsel for the Petitioners, under instructions of the Petitioners' father, undertakes that the Petitioners would clear the dues at the earliest. Since the School also has to disburse salaries during this period a balance needs to be struck. Accordingly, the Petitioners' father is directed to deposit a sum of Rs.10,000/- on or before 24th July, 2020 along with a copy of this order with the School. Upon a copy of this order being received and

Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:23.07.2020 15:17 Rs.10,000/- being submitted by the Petitioners' father, the School is directed to provide access of the online portal to both Petitioners so that they can attend the online classes and participate in activities on a regular basis.

7. Within two weeks from today, the School shall communicate to the Petitioners and also file before this Court a statement of the total outstanding fee payable by the Petitioners' father in terms of the guidelines issued by the GNCTD on 18th April, 2020. The Petitioners' father shall make an effort to also deposit a further sum of Rs.10,000/- on or before 25th August, 2020.

8. Reply be filed within four weeks. Rejoinder, if any, be filed before the next date of hearing.

9. List on 16th September, 2020. Order be uploaded forthwith to enable the Petitioners to approach the School.

PRATHIBA M. SINGH JUDGE JULY 22, 2020/dk/T

Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:23.07.2020 15:17