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Rajat Vats v. Govt. Of Nct Of Delhi And Another
Factual and Procedural Background
The petitioner, a practising lawyer, filed a petition seeking a writ of mandamus or any other appropriate writ under the Constitution of India directing the respondents to grant relaxation or suspend fees of private schools in the State of NCT of Delhi for transportation and other charges except tuition fees for the months of April, May, and June 2020. This petition was filed in the context of the COVID-19 pandemic, which had caused a nationwide lockdown and disrupted normal schooling activities. The petitioner argued that since schools were not functioning physically, students should not be required to pay transport charges, fees for extra-curricular activities, and other miscellaneous fees, and that even tuition fees payment should be postponed.
The Government of NCT of Delhi responded by referring to an order dated 17th April 2020 issued by the Directorate of Education, which had already regulated fee collection during the lockdown period. The matter was heard via video-conference.
Legal Issues Presented
- Whether the respondents should be directed to provide relaxation or suspend non-tuition fees (such as transportation and other charges) for private schools in Delhi for April, May, and June 2020 due to the COVID-19 pandemic.
- Whether the payment of tuition fees should also be postponed during the lockdown period.
- Whether private schools can charge any new heads of fees or deny access to online education to students unable to pay fees due to financial difficulties caused by the lockdown.
Arguments of the Parties
Petitioner’s Arguments
- Students should not be made to pay transportation charges, extra-curricular activity fees, or other miscellaneous fees during the lockdown period as schools were not functioning.
- Payment of tuition fees should also be postponed during this period.
Respondent’s Arguments (Government of NCT of Delhi)
- The Government is aware of the issues raised and had already issued an order on 17th April 2020 regulating fees during the lockdown.
- The order mandates that no fees except tuition fees shall be charged during this period.
- Course material and online classes have been provided to all students, including those facing financial difficulties.
- The Government would consider any submissions regarding advance payment of extra fees by parents on its own and no further directions from the Court are necessary.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Court examined the order dated 17th April 2020 issued by the Directorate of Education, which explicitly prohibited charging any fees other than tuition fees during the lockdown period. The order mandated monthly collection of tuition fees rather than quarterly, prohibited any increase in fees for the academic session 2020-21, and required schools to provide online education access to all students without discrimination, including those unable to pay fees due to financial hardship. The Court noted that schools cannot deny online educational facilities to students who have not paid fees and cannot impose new fee heads.
Regarding tuition fees, the Court found charging them justified because schools were conducting online classes and teachers were actively engaged in imparting education and evaluating students’ work remotely. Additionally, schools had a continuing obligation to pay their staff, which created a financial burden during the lockdown.
The Court recognized that the issue falls within the policy domain and that the authorities had already taken cognizance of the matter through appropriate orders. Consequently, the Court declined to interfere further.
On the specific concern raised about some schools demanding consolidated fees without distinguishing fee heads, the Court directed that affected parents may bring complaints to the Directorate of Education for appropriate action.
Holding and Implications
The Court declined to interfere with the existing regulatory framework governing school fees during the COVID-19 lockdown.
The direct effect of this decision is that private schools in Delhi are bound by the Directorate of Education’s order dated 17th April 2020, which prohibits charging any fees other than tuition fees and mandates provision of online education access to all students irrespective of fee payment. The Court’s refusal to interfere reinforces the authority of the Government’s policy measures in this domain. No new precedent was set by this decision.
1. This hearing has been held by way of a video-conference.
2. The Petitioner, who is a practising lawyer, has filed the present petition seeking the following prayers.
A) Issue a Writ of Mandamus or any other appropriate Writ levied under Constitution of India directing respondents to give relaxation or suspend fees of Private Schools of any nature in the State of NCT of Delhi in terms of transportation or other charges except tuition fees for the month of April, May and June 2020 on account of the COVID 19 pandemic which has affected the entire world.
B) pass such further or other orders which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case in the interest of justice.
3. It is submitted by the Petitioner that during the lock-down period students of various private schools in Delhi ought not to be made to pay the transport charges, fee for extra-curricular activities and other fees which are W.P. (C) 2977/2020 Page 2 of 4 charged by the school. He submits that since schools are not functioning, payment of tuition fee be also postponed.
4. Mr. Ramesh Singh, ld. counsel for the Govt. of NCT of Delhi submits that the Government is fully conscious of the issues raised by the Petitioner in the present petition. On 17th April, 2020 the Directorate of Education has already passed an order to the effect that no fees except tuition fee be charged. Various directions issued in the said order are relied upon to submit that the government is fully conscious of such students who may have financial difficulties and course material and classes have been made available even to them.
5. Mr. Vats submits that a number of parents have deposited extra fee, apart from the tuition fee, in advance. The adjustment of the same ought to be granted. Mr. Ramesh Singh, ld. counsel submits that the Government would consider this submission on its own and no directions need be passed.
6. Heard ld. Counsels for the parties. The order dated 17th April, 2020 passed by the Directorate of Education, provides as under:
i. No fee, except Tuition fee, shall be charged from the parents, till further orders.
ii. Heads of the schools shall not demand and collect the Tuition fee from the parents/students on quarterly basis. The fee shall be collected on monthly basis only.
iii. Not to increase any fee in the academic session 2020-21 till further directions irrespective of the fact whether or not the school is running on the private land or the land allotted by DDA/Other Govt. Land Owning Agencies.
iv. The schools running on the land allotted by the DDA/Other Land Owning Agencies with the condition to seek approval of Director (Education) before any fee increase, shall collect the Tuition fee on the basis of W.P. (C) 2977/2020 Page 3 of 4 last fee structure approved by Director (Education) or as per fee statement filed by them under 17 (3) of DSEAR, 1973 during academic session 2015-16.
v. Shall ensure to provide the access of Online Education/material/classes to all students, without any discrimination, by providing them ID and Password immediately to get them online education facility.
vi. Heads of the schools shall, in no case, deny ID and Password to those students/parents for getting online access of educational facilities/classes/materials 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.
vii. Managing Committee of the schools/Heads of the schools shall not put extra financial burden by creating any new head of fee.
viii. Shall neither stop payment of monthly salary nor reduce the existing total emolument to the teaching and non-teaching staff of their schools in the name of non- availability of funds and arrange the funds in case of any shortfalls from the Society/Trust running the school. It is clear from the above that the authorities have already barred the charging of any fees except tuition fees. A perusal of points (v) & (vi) above shows that even those students who are unable to pay school fee due to financial crisis, course-work and other material is being made available to them. Such students are also permitted to avail of online classes. It is further clear that schools cannot deny access of online classes and other educational facilities due to non-payment of fees. Schools are also not permitted to charge any new head of fees.
7. Insofar as the tuition fee is concerned, the charging of the same would be justified in view of the fact that almost all the schools are conducting online classes and the teachers are discharging their functions by imparting W.P. (C) 2977/2020 Page 4 of 4 course work over online platforms, checking project work online, correcting papers wherein students have already given examinations, preparing questions on lessons taught and supervising students to complete the work given etc. There is also a burden on the schools to pay their staff during these months.
8. The authorities having taken cognisance of the issue and further the matter being one in the policy domain, this Court is not inclined to interfere.
9. At this stage, Mr. Vats submits that some schools are demanding a consolidated fee, without distinguishing the various heads i.e., tuition fee, co-curricular activities fee etc., If there is any specific complaint against any particular school, the parents concerned would be entitled to bring the same to the notice of the Directorate of Education, which shall take steps in accordance with law.
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