Justice Hari Shankar said that the circular is in the teeth of its earlier decision and that the Directorate of Education cannot keep dragging schools to court.
The Delhi High Court has stayed a circular issued by Delhi government’s Department of Education (DoE) restraining private schools located on land allotted by the government from increasing their fee without prior approval [Action Committee Unaided Recognized Private Schools v. Directorate of Education].
Justice C Hari Shankar stayed the circular, which was issued by the DoE on March 27.
“Till the next date of hearing, the operation of the impugned circular dated 27 March 2024 issued by the DoE shall stand stayed,” the Court said.
In an interim order passed on April 29, the High Court said that order issued by the government is directly contrary to the Court’s earlier decision.
Justice Hari Shankar noted that even though this judgment has been challenged by the government before the Division Bench, it has not been stayed or set aside.
“The DoE, howsoever, dissatisfied it may be with the judgment of this Court in Action Committee Unaided Recognized Private Schools has to respect it, so long as it stands. The attitude of the DoE in continuously issuing Circulars threatening recognized unaided schools with action in the event of their increasing their fees without obtaining prior approval of the DoE is objectionable, and cannot be allowed.”
The High Court said that the schools cannot be driven to litigation like this and the law is clear that no prior approval is required before an unaided recognised school increases in its fees, even if situated on land to which a “land clause” applies.
The Court passed the order on a plea filed by Action Committee Unaided Recognised Schools, a body of private schools.
It also issued notices to the DoE and directed it to file a counter affidavit in four weeks. The matter will be heard next on July 31.
Advocates Kamal Gupta, Tripti Gupta, Sparsh Aggarwal, Karan Chaudhary, Yosha Dutt, SL Bansal and Nikhil Kukreja appeared for the petitioner.
