Delhi High Court
Abhibhavak Ekta Sangh Through Ar ... vs Directorate Of Education And Ors on 24 May, 2023
Neutral Citation Number: 2023:DHC:3769
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 24th May, 2023
+ W.P.(C) 3858/2022 & CM APPL. 11474/2022
ABHIBHAVAK EKTA SANGH THROUGH AR SH.
SAMEER VERMA ..... Petitioner
Through: None.
versus
DIRECTORATE OF EDUCATION AND ORS... Respondents
Through: Mr. Santosh Kr. Tripathi, SC-
GNCTD along with Mr.
Utkarsh Singh, Advocate for
DOE
(M:9129829862,email:scgnctd
@gmail.com)
Mr. Rishikesh Kumar, ASC-
GNCTD with Mr. Aditya Raj,
Ms. Sheenu Priya, Mr. Sudhir
Kumar Shukla, Mr. Muhammad
Zaid, Ms. Roshni Haldhar, Mr.
Sudhir, Advocates
(M:9911483629)
Mr. Kamal Gupta, Mr. Sparsh
Aggarwal, Ms. Paridhi Bist,
Advocates for School
(M:9810988094,email:kamalgu
[email protected])
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
[Physical Hearing/ Hybrid Hearing]
MINI PUSHKARNA, J. (ORAL):
1. None appears for the petitioners when the matter is called out.
2. The present writ petition has been filed being aggrieved by the
action of the respondent school in expelling the students from the
Signature Not Verified
SINGH TARIYAL
Signing Date:29.05.2023
10:23:15
Neutral Citation Number: 2023:DHC:3769
school, who had not been paying the fees on time as per the guidelines
of Directorate of Education (DOE).
3. Attention of this Court has been drawn to the order dated
06.09.2022 passed by this Court. In the order dated 06.09.2022, clear
directions have been given to the parents of the students in question,
which were stated to be 15 in number as mentioned in CM APPL.
39110/2022, that 40% of the dues towards the fee shall be paid latest
by next date of the passing of the said order. Balance 60% was
directed to be paid in equal amounts in terms of the directions of this
Court in order dated 06.09.2022.
4. The said order dated 06.09.2022 further records that the
directions for making payments to the students was subject to the final
outcome of W.P.(C) 3426/2020, which had been filed by the
respondent school herein.
5. A petition being W.P.(C) 3426/2020 had been filed on behalf of
the respondent school, wherein respondent school had challenged the
interference by DOE in the increase of fees of the school. The said
writ petition was allowed by judgment dated 15.03.2023, wherein it
was held that Senior Wing of respondent school herein shall be
entitled to increase their fees in terms of the statement of fees dated
28.03.2018 submitted by the school to the DOE, under Section 17 (3)
of the Delhi School Education Act, 1973.
6. It is further informed that the said judgment has been
challenged by way of two appeals being LPA No. 367/2023,
Directorate of Education Vs. Mahavir Sr. Model School & Anr. and
LPA No. 382/2023, Abhibhavak Ekta Sangh Vs. Directorate of
Signature Not Verified
SINGH TARIYAL
Signing Date:29.05.2023
10:23:15
Neutral Citation Number: 2023:DHC:3769
Education & Ors. Ld. counsel appearing for the respondent school by
referring to the orders dated 21.04.2023 and 26.04.2023 passed in the
aforesaid appeals, submits that only notice has been issued and that no
stay has been granted to the judgment dated 15.03.2023 passed in
W.P.(C) 3426/2020.
7. Thus, it is contended on behalf of the respondent school that fee
hike of the respondent school has been upheld by this Court. It is
submitted that 15 students as mentioned in CM APPL. 39110/2022, on
whose behalf the present writ petition is stated to have been filed,
were bound to pay full fees of the school, in view of the various orders
passed by this Court.
8. Ld. counsel for DOE on the other hand, submits that issue with
respect to fees hike by respondent school is subject matter of two
appeals, as aforesaid and that it cannot be held that the judgment dated
15.03.2023 in W.P.(C) 3426/2020, has attained finality.
9. I have heard ld. counsel for the parties.
10. Considering the submissions made before this Court and after
perusal of the order dated 06.09.2022 passed by this Court in the
present writ petition and judgment dated 15.03.2023 passed by the
coordinate Bench of this Court in W.P.(C) 3426/2020, it is clear that
the petitioners herein are bound to pay fees of the respondent school,
in terms of the enhanced fee in terms of the judgment dated
15.03.2023 in W.P.(C) 3426/2020. There are clear directions by this
Court in the present writ petition by order dated 06.09.2022 that the
students are required to pay their full fees within time-bound manner.
Similarly by way of the judgment dated 15.03.2023 in W.P.(C)
Signature Not Verified
SINGH TARIYAL
Signing Date:29.05.2023
10:23:15
Neutral Citation Number: 2023:DHC:3769
3426/2020, the fee hike as done by the respondent school has been
upheld. It is also seen that no stay has been granted by the Division
Bench of this Court in the two appeals having been filed against the
said judgment in W.P.(C) 3426/2020.
11. In view of the aforesaid, there is no denying the fact that the
petitioner students herein are bound to pay the dues towards the fees
payable to the school.
12. Taking inot account the aforesaid facts, it is clear that the
present writ petition has become infructuous as the petitioners are
bound to pay the fees of the respondent school in terms of the various
directions passed from time to time.
13. A perusal of the present writ petition shows that the present writ
petition has been filed in a representative capacity by the parents,
being members of the society and parents of the students studying in
the respondent school.
14. In view of the aforesaid, the students as mentioned in CM
APPL. 39110/2022 as well as the students of the school, on whose
representative behalf the present petition has been filed, are bound to
pay the fees of the respondent school.
15. Accordingly, the present writ petition is disposed of along with
pending application.
MINI PUSHKARNA, J
MAY 24, 2023
au
Signature Not Verified
SINGH TARIYAL
Signing Date:29.05.2023
10:23:15
