W.P.(C)/10314/2018 of DAV PUBLIC SCHOOL SRESHTHA VIHAR Vs DIRECTORATE OF EDUCATION

IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(C) 10314/2018

DAV PUBLIC SCHOOL SRESHTHA VIHAR..... Petitioner

ThroughMr. Sandeep Sethi, Senior Advocatealong with Mr. Anurag Lakhotia,Advocate.along with Mr. Anurag Lakhotia,Advocate.

versus

DIRECTORATE OF EDUCATION

..... RespondentThroughMr. Ramesh Singh, Standing Counselwith Mr. Satnosh Kr. Tripathi, ASCand Mr. Chirayu Jain, Mr. ShashankS. Tiwari and Mr. Rishabh Ostwal,Advocates.with Mr. Satnosh Kr. Tripathi, ASCand Mr. Chirayu Jain, Mr. ShashankS. Tiwari and Mr. Rishabh Ostwal,Advocates.

CORAM:HON'BLE MR. JUSTICE SIDDHARTH MRIDULO R R%28.09.2018

The present petition under Article 226 of the Constitution of India, has

been instituted on behalf of the petitioner School, praying as follows:-

a) “Set aside the order notification dated 13-04-2018 of theDirectorate of Education ANNEXURE A,Directorate of Education ANNEXURE A,

b) Set aside the order dated 13.10.2017 of the directorate ofeducation allowing only 5% fee hike for the session 2016-17,whereas the recommendation by the auditors was of as per thebudget of the school i.e. 10% ANNEXURE B,education allowing only 5% fee hike for the session 2016-17,whereas the recommendation by the auditors was of as per thebudget of the school i.e. 10% ANNEXURE B,

c) Direct the Directorate of Education to approve the proposal forfee hike made by the school on 14-06-2017 and 15-12-2017 forthe session 2017-18, The proposal is ANNEXURE ANDANNEXURE C-1,fee hike made by the school on 14-06-2017 and 15-12-2017 forthe session 2017-18, The proposal is ANNEXURE ANDANNEXURE C-1,

d) Direct the Directorate of Education to approve the proposal forfee hike made by the school on 31-05-2018 for the session2018-19, the proposal is ANNEXURE D,fee hike made by the school on 31-05-2018 for the session2018-19, the proposal is ANNEXURE D,

e) Direct the Directorate of Education to create mechanism thatthe decision on the Fee hike proposal be made by theDirectorate of Education before the initiation of new sessionthe decision on the Fee hike proposal be made by theDirectorate of Education before the initiation of new session

and further the sole criteria to decide upon the said fee hikeproposals should be “Non profiteering” and as per the Ratio ofthe Decisions of Hon’ble Supreme Court in the matter of “TMAPai Vs. State of Karnataka and Ors, (2002) 6 SCC 481”,“Modern School vs. Union of India (2004) 5 SCC 583”, “P.A.Inamdar&Ors. v. State of Maharashtra (2005) 6 SCC 537”.

f) Direction be issued allowing the school to raise its Tuition feesforthwith by the tune of 32%, as the total Fees received by theschool under any head is less by the 32% than the salary to bepaid by the school to the staff and further the school is not leftwith any money in any reserves also. r.forthwith by the tune of 32%, as the total Fees received by theschool under any head is less by the 32% than the salary to bepaid by the school to the staff and further the school is not leftwith any money in any reserves also. r.

g) Direct the Ld. Directorate of education not to take any adverseaction against the school for taking Enhanced Fee from theparents and take back its show cause notices in this regard.action against the school for taking Enhanced Fee from theparents and take back its show cause notices in this regard.

h) Pass any other or further order which this Hon’ble Court maydeem just and equitable in the facts and circumstances of thecase.”deem just and equitable in the facts and circumstances of thecase.”

Issue notice.

Mr. Ramesh Singh, learned Standing Counsel, accepts notice onbehalf of the Directorate of Education.

perusal of the order No. DE.15(318)/PSB/2016/23840-23847, dated13[th]April, 2018, issued by the Government of NCT of Delhi, impugned inthe present proceedings reflects that, an interim increase permitted, vide theofficialrespondent’scommunicationdated17[th]October,2017,3[rd]November, 2017 & 20[th]November, 2017, to Schools, who have beenallotted land by the Delhi Development Authority/L&DO/Any Govt.Agencies, has been withdrawn thereby with the retrospective effect.

Insofar as, the above direction is concerned, the same was predicatedon the orders passed by Division Bench of this Court on 20[th]December,2017, in W.P.(C) No. 11265/2017, titled as “Miss Taru Chauhan ThroughFather Nitim Kumar Chauhan & Ors. vs. Govt. of NCT of Delhi & Ors.”;and on 1[st]February, 2018, in W.P.(C) 11265/2017, titled as “Miss Tarun

Chauhan Through Father Nitim Kumar Chauhan & Ors. vs. Govt. of NCT ofDelhi & Ors.”.

The impugned order, however, permits online proposals to be madeby such schools to the official respondents for increase in fee for theacademic session 2017-2018, which are to be determined by the officialrespondents, in accordance with law, after examining the financial accountsof these schools.

Having heard learned counsel appearing on behalf of the parties, thepresent petition is disposed of with the following consent order:-

The online proposals made on behalf of the Schools for fee hike on14[th]June, 2017 and 15[th]December, 2017, for the academic session 2017-2018, shall be decided, in accordance with law, by the Directorate ofEducation, within period of two weeks from today, under intimation to thepetitioner School.

The Directorate of Education shall also determine, the petitionerschool’s proposal for fee hike dated 31[st]May, 2018, for the academicsession 2018-2019, within period of four weeks thereafter, in accordancewith law.

Needless to state that if the Directorate of Education requires anyfurther material from the petitioner School, they shall communicate to thelatter, the requirements, within two working days from today.

In view of the foregoing, Mr. Sandeep Sethi, learned Senior Counselappearing on behalf of the petitioner, on instructions, does not press theother prayers sought for in these proceedings, at this stage.

With the above directions, the writ petition is disposed of.

Dasti under signature of the Court Master to learned counsel for theparties.

SEPTEMBER 28, 2018RS

SIDDHARTH MRIDUL, J