The Supreme Court has refused to stay a Delhi High Court order cancelling that schools in the national capital could not collect annual charges or development fees until they physically re-open.
The High Court quashed Directorate of Education (DoE) orders issued in April and August 2020. The High Court’s order was challenged by the Delhi government and others govt, including students and parents, as well as being challenged in the top court.
The Supreme Court today said that the High Court was examining the original order – issued by a single-judge bench .The single judge verdict had quashed two office orders of April and August 2020 issued by the Directorate of Education of the Delhi government saying they were “illegal” and “ultra vires” the powers of DoE stipulated under the Delhi School Education (DSE) Act and the Rules.
The Delhi government has contended that its orders of April and August last year were issued in larger public interest as due to the COVID-19 lockdown people were in financial crisis. Schools have been closed since the pandemic is going on.The appeals on behalf of the students claimed that repairing of buildings, administrative expenses, rent and hostel expenses, are not applicable when the schools are closed.
It said the Delhi government had no power to indefinitely postpone collection of annual charges and development fees by private unaided schools. The decision on re-opening the schools had been given to states, most of whom have kept them closed for now, amid fear of a third wave of corona virus.
Last week the central said that if everything is protected then only we can think about to re – open the schools.
