To,
The Secretary (Education)
Government of N.C.T of Delhi
Old Secretariat Building
Civil Lines, Delhi-54
Sub: Bansal Committee on Fee hike – SJ demands compliance of Delhi High Court Order of 30.10.1998
Dear Madam,
We have come to know from news reports appeared today in newspapers that the Govt. of Delhi has constituted a Committee under the Chairmanship of Shri S.L. Bansal, IAS (retd.) to look into the fee hike demand of the unaided recognized private schools of Delhi in view of the 6th pay commission recommendations. We welcome the same. No body can dispute that both teaching and non-teaching staff must get their due benefits and emoluments. However, under the guise of revision of pay scales of teaching and non-teaching staff pursuant to the 6th pay commission recommendations, the schools should not be allowed to exploit hapless parents/students.
It is submitted that the Hon’ble Delhi High Court by an interim order dated 11.12.1997 in the matter of PIL filed by Delhi Abibhavak Mahasangh permitted the schools to increase fees upto 40% in the academic year 1997-98. The Hon’ble Delhi High Court finally decided the matter on 30th October 1998 whereby amongst issuing several directions, the Hon’ble Court appointed a committee under Ms. Justice Santosh Duggal (retd.) for the period covered by the Delhi Government order dated 10th September 1997 upto the start of academic session in the year 1999, to look into the cases of the individual schools and determine, on examination of record and accounts etc. whether increase of tuition fee and other charges, on facts would be justified or not. The relevant paras 66 and 67 of the said judgment are reproduced as under:-
“66. Having bestowed our thoughtful consideration to the submission of counsel for the parties and aforenoticed detail facts and circumstances, we are of the view that an independent Committee deserves to be appointed for the period covered by impugned order dated 10th September 1997 upto start of academic session in the year 1999, to look into the cases of the individual schools and determine, on examination of record and accounts etc. whether increase of tuition fee and other charges, on facts would be justified or not. Eliminating the element of commercialization and in the light of this decision, the committee would determine fee and other charges payable by students of individual schools. We do not think that it would be desirable at present to permit any further increase than what has already been permitted by order dated 11.12.1997. We would, therefore, extend the aforequoted order dated 11.12.1997 till decision of cases of individual schools by the Committee appointed by this judgment.
67. We, accordingly, appoint a Committee comprising of Ms. Justice Santosh Duggal, a retired judge of this court as Chairperson with power to nominate two persons- one with the knowledge of accounts and second from field of education in consultation with Chief Secretary of NCT of Delhi to decide matters of fee and other charges leviable by individual schools in terms of this decision. ………”
That pursuant to the said directions, Delhi Govt. announced the constitution of a committee under Ms. Justice Santosh Duggal (retd.). Due to non co-operation both from the schools and the Education Department, Justice Duggal without completing the work entrusted to her by the Hon’ble Delhi High Court, submitted its report on July 31, 1999 to the Government of NCT of Delhi.
It is submitted that because of the interim order dated 11.12.1997 of the Hon’ble Delhi High Court, the parents had to shell out an additional sum of approximately Rs.400 Crores every year since the academic session 1997-98. In addition to that, the schools have been increasing fee and other charges every year since the academic year 1999-2000.
It is submitted that the cases of individual schools as desired by the Hon’ble High Court have not yet been decided either by Ms. Justice Duggal Committee or any other committee. In terms of the judgment of the Hon’ble High Court, the schools were not entitled to increase fee and other charges till the cases of individual schools are decided. Therefore, the increase of the fee and other charges by the schools from 1999-2000 to date is in clear violation of the directions of the Hon’ble High Court.
It is submitted that the Committee headed by Shri S.L.Bansal, IAS (retd.) constituted by the Government of NCT of Delhi to look into the fee hike demand of the unaided recognized private schools of Delhi in view of 6th Pay Commission Recommendation has to first look into the cases of the individual schools and determine, on examination of record and accounts etc. whether increase of tuition fee and other charges, for the period covered by govt. order dated 10th September 1997 upto start of academic session in the year 1999, on facts would be justified or not, as directed by the Hon’ble Delhi High Court in its judgment dated 30.10.1998 before proceeding further in the matter. It is respectfully submitted that if the Committee does not do the aforesaid exercise, great injustice would be caused to the parents/students of Delhi.
You are therefore, requested to bring the aforementioned facts to the notice of the Bansal Committee in order to safeguard the interest of the hapless parents/students of Delhi.
With regards,
(Ashok Agarwal)
Advocate
Advisor, Social Jurist
Mobile – 9811101923
The Secretary (Education)
Government of N.C.T of Delhi
Old Secretariat Building
Civil Lines, Delhi-54
Sub: Bansal Committee on Fee hike – SJ demands compliance of Delhi High Court Order of 30.10.1998
Dear Madam,
We have come to know from news reports appeared today in newspapers that the Govt. of Delhi has constituted a Committee under the Chairmanship of Shri S.L. Bansal, IAS (retd.) to look into the fee hike demand of the unaided recognized private schools of Delhi in view of the 6th pay commission recommendations. We welcome the same. No body can dispute that both teaching and non-teaching staff must get their due benefits and emoluments. However, under the guise of revision of pay scales of teaching and non-teaching staff pursuant to the 6th pay commission recommendations, the schools should not be allowed to exploit hapless parents/students.
It is submitted that the Hon’ble Delhi High Court by an interim order dated 11.12.1997 in the matter of PIL filed by Delhi Abibhavak Mahasangh permitted the schools to increase fees upto 40% in the academic year 1997-98. The Hon’ble Delhi High Court finally decided the matter on 30th October 1998 whereby amongst issuing several directions, the Hon’ble Court appointed a committee under Ms. Justice Santosh Duggal (retd.) for the period covered by the Delhi Government order dated 10th September 1997 upto the start of academic session in the year 1999, to look into the cases of the individual schools and determine, on examination of record and accounts etc. whether increase of tuition fee and other charges, on facts would be justified or not. The relevant paras 66 and 67 of the said judgment are reproduced as under:-
“66. Having bestowed our thoughtful consideration to the submission of counsel for the parties and aforenoticed detail facts and circumstances, we are of the view that an independent Committee deserves to be appointed for the period covered by impugned order dated 10th September 1997 upto start of academic session in the year 1999, to look into the cases of the individual schools and determine, on examination of record and accounts etc. whether increase of tuition fee and other charges, on facts would be justified or not. Eliminating the element of commercialization and in the light of this decision, the committee would determine fee and other charges payable by students of individual schools. We do not think that it would be desirable at present to permit any further increase than what has already been permitted by order dated 11.12.1997. We would, therefore, extend the aforequoted order dated 11.12.1997 till decision of cases of individual schools by the Committee appointed by this judgment.
67. We, accordingly, appoint a Committee comprising of Ms. Justice Santosh Duggal, a retired judge of this court as Chairperson with power to nominate two persons- one with the knowledge of accounts and second from field of education in consultation with Chief Secretary of NCT of Delhi to decide matters of fee and other charges leviable by individual schools in terms of this decision. ………”
That pursuant to the said directions, Delhi Govt. announced the constitution of a committee under Ms. Justice Santosh Duggal (retd.). Due to non co-operation both from the schools and the Education Department, Justice Duggal without completing the work entrusted to her by the Hon’ble Delhi High Court, submitted its report on July 31, 1999 to the Government of NCT of Delhi.
It is submitted that because of the interim order dated 11.12.1997 of the Hon’ble Delhi High Court, the parents had to shell out an additional sum of approximately Rs.400 Crores every year since the academic session 1997-98. In addition to that, the schools have been increasing fee and other charges every year since the academic year 1999-2000.
It is submitted that the cases of individual schools as desired by the Hon’ble High Court have not yet been decided either by Ms. Justice Duggal Committee or any other committee. In terms of the judgment of the Hon’ble High Court, the schools were not entitled to increase fee and other charges till the cases of individual schools are decided. Therefore, the increase of the fee and other charges by the schools from 1999-2000 to date is in clear violation of the directions of the Hon’ble High Court.
It is submitted that the Committee headed by Shri S.L.Bansal, IAS (retd.) constituted by the Government of NCT of Delhi to look into the fee hike demand of the unaided recognized private schools of Delhi in view of 6th Pay Commission Recommendation has to first look into the cases of the individual schools and determine, on examination of record and accounts etc. whether increase of tuition fee and other charges, for the period covered by govt. order dated 10th September 1997 upto start of academic session in the year 1999, on facts would be justified or not, as directed by the Hon’ble Delhi High Court in its judgment dated 30.10.1998 before proceeding further in the matter. It is respectfully submitted that if the Committee does not do the aforesaid exercise, great injustice would be caused to the parents/students of Delhi.
You are therefore, requested to bring the aforementioned facts to the notice of the Bansal Committee in order to safeguard the interest of the hapless parents/students of Delhi.
With regards,
(Ashok Agarwal)
Advocate
Advisor, Social Jurist
Mobile – 9811101923
1 comment:
Thanks for informative articla...
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