Delhi Schools Can Charge Fee For Now, Supreme Court Refuses To Interfere

Source: NDTV Education

The Supreme Court has said it will not stay a Delhi High Court order banning collection of annual charges or fees from recognised private and unassisted schools in the city till they physically re-open. A bench headed by Justice AM Khanwilkar refused to overturn a May 30 High Court order that said Delhi government orders of April and August 2020 restricting collection of fees was "illegal" and "ultra vires" the applicable laws. The court also directed the petitioners to raise their complaints before a division bench of the High Court that is still examining last month's order, which was issued by a single-judge bench. The Supreme Court had been approached by the Delhi government after the High Court overwhelmed Directorate of Education (DoE) orders issued in April and August last year. The High Court had said the state government could not indeterminately postpone collection of annual fees as it would unreasonably restrict their functioning.

The order was appealed in the High Court by the Delhi government and others, including students and parents; the contention was that the decision was based on incorrect facts and law.

The decision on re-opening them had been left to states, most of whom have kept them closed for now, amid fear of a third wave of infections that could target children.

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