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Judiciary

Delhi High Court Halts Delhi Government’s Circular on Fee Hike Approval for Private Schools

Last Updated on May 2, 2024 by News Desk

Introduction:


The Delhi High Court has intervened in a contentious issue regarding fee hikes in private unaided schools in the national capital. In a recent development, Justice C Hari Shankar stayed a circular issued by the Delhi Government, which mandated prior approval from the Director of Education (DoE) for any fee enhancements in recognized private unaided schools. This decision came in response to a plea filed by the Action Committee Unaided Recognized Private Schools, challenging the validity of the circular.

Issue:


The central issue at hand is whether recognized private unaided schools should be required to seek prior approval from the DoE before increasing their fees for the upcoming academic session.

Rule:


The Delhi High Court referred to previous judgments, notably the Action Committee Unaided Recognized Private Schools v. DoE case, where it was established that private unaided schools are not obligated to obtain prior approval for fee hikes unless they engage in profiteering or commercialization of education. The court emphasized the distinction between commercialization and reasonable fee adjustments.

Analysis:


The court expressed disapproval of the DoE’s continuous issuance of circulars threatening action against schools for fee hikes without its prior approval. It asserted that the principles laid down in previous rulings should be respected unless overturned by a higher authority. The court underscored the importance of adhering to legal precedents and cautioned against arbitrary interference by administrative bodies in school fee matters.

Conclusion:


In light of the interim order, the matter is set to be heard further on July 31. The court’s decision marks a significant step in clarifying the regulatory framework surrounding fee adjustments in private unaided schools, affirming the importance of judicial oversight in maintaining a fair and equitable educational landscape.

This paraphrased rendition encapsulates the recent developments regarding the Delhi High Court’s intervention in the fee hike approval process for private schools, emphasizing legal principles and procedural considerations.

Written by — Athi Venkatesh AVD

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