The Delhi HC has held that annual & development charges can't be taken from the parents of students "during the pendency of the present lockdown", when schools are yet to reopen.
The prima facie opinion was expressed by Justice Jayant Nath in his order of Aug 25 while hearing a plea moved by the parents' association of a private school, which started taking the annual & development charges along with the tuition fees from July.
The court restrained the school from taking the annual & development charges from the parents for the month of July till further orders.
It also issued a notice to the Delhi govt. & the school, seeking their stand on the plea of the parents' association, which was represented by advocate Gaurav Bahl.
The court has listed the matter for further hearing on Sept 16.
According to the order, during the hearing via video-conference, the school contended that the lockdown is over & hence, it can levy the annual & development charges.
However, the Delhi govt, represented by its Additional Standing Counsel Gautam Narayan, told the court that the Directorate of Education's April 18 circular, asking the schools not to charge the annual & development fees during the lockdown period, continues to apply as none of the schools has physically opened.
The Delhi govt said, therefore, the school in question can't charge the annual & development fees till the completion of the lockdown period.
After hearing both sides, the judge said, "In my opinion, prima facie, it appears that the annual & development charges can't be charged from the parents during the pendency of the present lockdown."
The court said the parents have to pay the tuition fees.
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