Many petitioners, including the Delhi government of the Aam Aadmi Party, have appealed against the decision of the Delhi High Court single judge bench. The court had recently quashed the Delhi government’s order barring schools from collecting fees. The court had given an exemption to private and unaided schools to charge annual fees and development fees even during the lockdown last year.
In a petition filed by students studying in private schools in Delhi, it has been said that the judgment given by the Single Judge Bench on May 31 was based on false facts and law. On May 31, a single-judge bench of the Delhi High Court set aside two orders of the Directorate of Education (DoE) of the Delhi government in April and August 2020. In these orders, the recovery of annual and development fees was banned during the lockdown. The court had said that this order of the Directorate of Education is illegal.
The court had said that the Delhi government has no right to stop the collection of fees of private schools. Advocate Santosh Kumar Tripathi, appearing for the Delhi government, said in the court that the orders issued by the government in April and August were in the public interest. Because they were in financial crisis due to the lockdown.
It was said on behalf of the Delhi Directorate of Education that collecting fees is not only a means of increasing income. But if they are given fee recovery exemption, it will serve the interest of private schools, but it will also create problems in regulating schools. DoE said, if schools go unregulated, they will create their own fee structure. They will charge arbitrary fees. Therefore, it was the duty of the education department to stop the recovery of fees which are not necessary.