Late payment rule does not apply to unaided pvt institutions in Delhi: HC
The Delhi High Court said the provisions of the Delhi School Education Rules which state that a school cannot charge a fine exceeding five pais a day for late payment of fees, do not apply to schools. private not helped here.
The ordinance was passed by a bench of Justices Vibhu Bakhru and Amit Mahajan on a petition by the Recognized Unaided Private Schools Action Committee, an umbrella association of more than 500 unaided private schools in Delhi.
The petitioner had challenged a February 2013 order of the Directorate of Education (DoE) that under Rule 166 of Chapter XIII of the Regulations, an unsubsidized private school here may not impose any fine in excess of five paise per day due to late payment of fees by a student.
The Petitioner, represented by Attorney Kamal Gupta, also requested that the rules contained in Part B, which contained Rules 166 of Chapter XIII of the Rules, not apply to recognized private schools without aid.
Quashing the DoE’s order, the court said substantial autonomy is given to unaided private schools over fees, which is contrary to fees imposed by aided schools.
Unaided private schools, the court said, are free to set their fee structure, which includes tuition and other fees and contributions payable by the student.
“On reading the provisions contained in Chapter XIII of the Regulations, and bearing in mind the principles of purposive interpretation as discussed above, we have no hesitation in considering that the provisions of Chapter XIII of the Regulations do not apply only to subsidized schools,” the court said in its Nov. 15 order.
“The order of 11.02.2013 adopted by the DoE is, accordingly, set aside,” the court said.
The court said that although it ruled that Rule 166 was not applicable to unfunded private schools, the DoE order mentioned that a committee had been set up to review the provision.
He added that he expected the authorities to speed up the process and come up with recommendations within 8 weeks.
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