All India Parents Association (AIPA)
Agarwal Bhavan, G.T. RoadTis Hazari, Delhi-110054
Dear Parents/Parents Associations,
It is interesting to note that the parents all over the country have raised voices against inaction on the part of the State Governments to check the menace of commercialization of education in unaided private schools. In 1997, on the pretext of 5th Pay Commission Recommendations, the unaided private schools in Delhi increased fee and other charges ranging from 40% to 400%. This gave rise to unrest amongst the middle class parents and the parents organized themselves against the arbitrary fee hike by the unaided private schools. Needless to say that a PIL was filed in 1997 in the Hon’ble Delhi High Court which was decided on 30.10.1998 in favour of the parents. The High Court laid down the criteria and guidelines of fixing a reasonable fee structure in an unaided private school. The High Court also held that the Government is not only empowered but also has a duty to regulate fee of such schools to prevent commercialization of education and exploitation of parents/students. The schools filed appeals before the Hon’ble Supreme Court against the High Court decision which was dismissed on 27.04.2004. The schools took another opportunity through filing a review petition before the Hon’ble Supreme Court seeking review of Supreme Court decision of 27.04.2004. Fortunately, the Supreme Court also dismissed the review petition on 07.08.2009.
In 2008, on the pretext of 6th Pay Commission Recommendations, the unaided private schools all over the country hiked fee and other charges exorbitantly and arbitrarily while Central and State Governments were just mute spectators to the same. This time, the parents all over the country organized themselves to a larger extent and openly protested against the schools and the governments. The parents associations in many part of the country approached their respective High Courts by way of filing writ petitions. The agitation by the parents in some States led the State Governments to issue certain directives to check the arbitrary fee hike. The school managements have filed writ petitions against such directives in their respect State High Courts. A PIL filed by the Parents in Delhi High Court is being heard on day to day basis and is expected to be concluded soon.
Friends, I wish to submit that though the parents are now better aware of their rights qua unaided private schools but the schools are very adamant to continue to exploit the parents and the students by subjecting them to pay unjustified fee and other charges. The State of Tamil Nadu has enacted Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009. Some of the relevant provisions of the said Act are reproduced as under:
Section 3(2) - No fee in excess of the fee determined by the committee under this Act shall be collected for admission of pupils to any standard or course of study in a private school.
Section 5(1) - The Government shall constitute a committee for the purpose of determination of the fee for admission to any Standard or course of study in private schools. Section 5(2) - The committee shall consist of the following members, namely: -(a) a retired High Court Judge, nominated by the Government. -Chairperson;(b) Director of School Education. -Ex-officio Member;(c) Director of Matriculation Schools. -Ex-officio Member; (d) Director of Elementary Education. -Ex-officio Member; (e) Joint Chief Engineer (Buildings) Public Works Department. -Ex-officio Member;(f) Additional Secretary to Government,School Education Department. -Ex-officio Member Secretary.”Section 6 - (1) The committee shall determine the fee leviable by a private school taking into account the following factors, namely: -(a) the location of the private school; (b) the available infrastructure;(c) the expenditure on administration and maintenance;(d) the reasonable surplus required for the growth and development of the private school;(e) any other factors as may be prescribed.
(2) The committee shall on determining the fee leviable by a private school, communicate its decision to the school concerned.
(3) Any private school aggrieved over the decision of the committee shall file their objection before the committee within fifteen days from the date of receipt of the decision of the committee.
(4) The committee shall consider the objection of the private school and pass orders within thirty days from the date of receipt of such objection.
(5) The orders passed by the committee shall be final and binding on the private school for three academic years. At the end of the sad period, the private school would be at liberty to apply for revision.
(6) The committee shall indicate the different heads under which the fee shall be levied.
Section 7 –The powers and function of the committee shall be: -(a) to determine the fee to be collected by private school;(b) to hear complaints with regard to collection of fee in excess of the fee determined by it or fixed by the Government, as the case may be. If the committee, after obtaining the evidence and explanation from the management of the private school or aided school concerned or from the Government school, comes to the conclusion that the private school or the Government school or aided school has collected fee in excess of the fee determined by the committee or fixed by the Government, as the case may be, it shall recommend to the appropriate competent authority for the cancellation of the recognition or approval, as the case may be, of the private school or aided school or for any other course approval, as the case may be, of the private school or aided school or for any other course of action as it deems fit in respect of the private school or Government school or aided school.
(2) The committee shall have power to: -(a) require each private school to place before the committee the proposed fee structure of such school with all relevant documents and books of accounts for scrutiny within such date as may be specified by the committee;
(b) verify whether the fee proposed by the private school is justified and it does not amount to profiteering or charging of exorbitant fee;
(c) approve the fee structure or determine some other fee which can be charged by the private school.
(3) The Committee shall have power to: - (a) verify whether the fee collected by the school affiliated to the Central Board of Secondary Education; and
(b) to hear complaints with regard to collection of excess fee by a school affiliated to the Central Board of Secondary Education; and
(c) to recommend to the Central Board of Secondary Education for disaffiliation of the school, if it comes to a conclusion that the school has collected excess fee.(4) The committee shall have the power to regulate its own procedure in all matters arising out of the discharge of its functions, and shall, for the purpose of making any inquiry under this Act, have all the powers of a civil court under the Code of Civil Procedure, 1908 while trying a suit, in respect of the following matters, namely: - (a) summoning and enforcing the attendance of any witness and examining him on oath;
(b) the discovery and production of any document;
(c) the receipt of evidence on affidavits;
(d) the issuing of any commission for the examination of witness.
Section 8 - The Government may regulate the maintenance of accounts by the private schools in such manner as may be prescribed.
Section 9 - (1) Whoever contravenes the provision of this Act or the rules made thereunder shall, on conviction, be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and with fine which shall not be less than three years but which may extend to seven years and with fine which may extend to five thousand rupees.
Provided that the court may, for any adequate and special reason to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than three years.
(2) The person convicted under this section shall refund to the pupil from whom the excess fee was collected in contravention of this Act, such excess fee.
It appears that the Tamil Nadu Act is addressing parents concerns to a larger extent. However, the application of the said Act is limited to the State of Tamil Nadu. In other States, practically, there are no laws to deal with the fee hike problems. All India Parents Association (AIPA) has since long been demanding a Central Law to deal with the issue of commercialization in unaided private schools but the Central Government has not taken any step in this regard so far. It is the need of the hour that all the parents/parents bodies all over the country should write to the Prime Minister and the HRD Union Minister demanding immediate enactment of a Central Law, may be on the lines of the Tamil Nadu Act to check the commercialization of education in unaided private schools all over the country. We can also plan to hold a massive demonstration at Jantar Mantar at New Delhi in this regard sometimes in January, 2010.
Last but not the least, we should not forget that while fighting against the exploitation of the parents/students by the unaided private schools, we have to continue our fight for the up gradation of the standard of education in very government school to the minimum level of kendriya Vidayalays (Central Schools). Contact at juristashok@gmail.com.
With regards,
Ashok Agarwal, Advocate
President, AIPA
M-09811101923
30.11.2009
Friday, December 4, 2009
NEED OF NATIONAL LAW TO CHECK ARBITRARY SCHOOL FEE HIKE
To
1. Hon’ble the Prime Minister of India Race Course Road, New Delhi
2. Hon’ble the Human Resource Development Minister, Government of India, Shastri Bhawan, New Delhi-110001
3. Shri Rahul Gandhi, Member of Parliament, 10, Janpath, New Delhi-110001.
Sub:- Demand for National Law to check commercialization of education in unaided private schools
Sir,
It is really a matter of great concern that all our private unaided schools hiked fee and other charges arbitrarily and it has become very difficult for the middle class parents to afford the exorbitant school fees. The schools are indulging in commercialization of education with impunity. It is all against the constitution guarantee to every child of free and compulsory elementary education. There is a need of National Law to check the menace of commercialization of education by the unaided private schools.
Slowly and gradually good education and good schooling is becoming the prerogative of the rich people only and the children of middle class family will be deprive of it. No matter that school is running by whom but no one should be allowed to commercialize the same and exploit hapless parents and the students. You are therefore very humbly requested to please pay your attention to this side of education system and take some strict action against these schools. Regulation of fee hike is of utmost importance so as to prevent commercialization of education and to provide maximum opportunities to the children.
State of Tamil Nadu has recently enacted Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009 with a view to check commercialization of education in the schools. No other State in the country has legislation to deal with this problem. The problem is country-wide.
Therefore, I strongly demand for a National Law, may be on lines of Tamil Nadu Schools ( Regulation of Collection of Fee ) Act 2009, be enacted by the Parliament to save the hapless parents from exploitation at the hands of greedy unaided private schools.
Yours faithfully,
Ms. Sanjeeda Khurana, Advocate,
H-5, Radhey Puri, Near Krishna Nagar,Delhi-110051
M-981006585103.12.2009
Copy to: Mr. Ashok Agarwal, Advocate and President All India Parents Association for information.
1. Hon’ble the Prime Minister of India Race Course Road, New Delhi
2. Hon’ble the Human Resource Development Minister, Government of India, Shastri Bhawan, New Delhi-110001
3. Shri Rahul Gandhi, Member of Parliament, 10, Janpath, New Delhi-110001.
Sub:- Demand for National Law to check commercialization of education in unaided private schools
Sir,
It is really a matter of great concern that all our private unaided schools hiked fee and other charges arbitrarily and it has become very difficult for the middle class parents to afford the exorbitant school fees. The schools are indulging in commercialization of education with impunity. It is all against the constitution guarantee to every child of free and compulsory elementary education. There is a need of National Law to check the menace of commercialization of education by the unaided private schools.
Slowly and gradually good education and good schooling is becoming the prerogative of the rich people only and the children of middle class family will be deprive of it. No matter that school is running by whom but no one should be allowed to commercialize the same and exploit hapless parents and the students. You are therefore very humbly requested to please pay your attention to this side of education system and take some strict action against these schools. Regulation of fee hike is of utmost importance so as to prevent commercialization of education and to provide maximum opportunities to the children.
State of Tamil Nadu has recently enacted Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009 with a view to check commercialization of education in the schools. No other State in the country has legislation to deal with this problem. The problem is country-wide.
Therefore, I strongly demand for a National Law, may be on lines of Tamil Nadu Schools ( Regulation of Collection of Fee ) Act 2009, be enacted by the Parliament to save the hapless parents from exploitation at the hands of greedy unaided private schools.
Yours faithfully,
Ms. Sanjeeda Khurana, Advocate,
H-5, Radhey Puri, Near Krishna Nagar,Delhi-110051
M-981006585103.12.2009
Copy to: Mr. Ashok Agarwal, Advocate and President All India Parents Association for information.
Sunday, March 22, 2009
SCHOOL LAW HELPLINE
Right to Education Task Force (RETF) is a group of volunteers intervening into the matter of complaints of parents, students and social activists etc. relating to the problems involving violation of child rights being faced by the students/parents with private as well as with government schools primarily in Delhi, and also in other states/union territories of India. The complaints are handled by the legal experts. All services are totally voluntary & free of cost. One can write to RETF at Email: socialjurist@socialjurist.com and/or to The Convener, Right to Education Task Force, 478-479, Lawyers Chambers, Western Wing, Tis Hazari Courts, Delhi-110054 (India). Complaints can also be lodged at HELPLINES- 09811101923, 011-23384000, 09868529459.
Ashok Agarwal, Advocate
Convener, RETF
M-09811101923
Saturday, March 7, 2009
PARENTS UNABLE TO PAY FEE OF RS. 6500 - GREEDY SCHOOL DECLINES BROTHER-SISTER TO TAKE ANNUAL EXAMINATION
07.03.2009
To,
The Director of Education
Government of N.C.T of Delhi
Old Secretariat Building
Civil Lines, Delhi-110054
Sub: Parents unable to pay RS. 6500 – Greedy school declines brother-sister to take annual examination
Dear Sir,
That Mr. B.S Kapoor and Mrs. Meenu Kapoor (M: 9313506686) r/o C-32, Hardev Nagar, Burari, Delhi – 84, parents of master Abhishek Kapoor and Kumari Heena Kapoor, students of classes VI & IV of Moorti Devi Public School, A2/21 Block II, Sant Nagar, Burari, Delhi – 110084 (M : 9212205870), have personally complained to me that since they were unable to pay a sum of Rs. 6500 ( arrears on account of fee hike + books charges) to the school, the schools’ Principal kept both of their wards out from taking annual examinations which started on the 5th of March 2009. Inspite of the fact that the parents promised to pay the said sum of Rs. 6500 to the school, before they were provided with annual report cards, the greedy school Principal did not listen to them at all. These students have already missed three exams and if this state of affairs continues anymore, they would also miss the remaining exams which would end on 17.03.2009.
To,
The Director of Education
Government of N.C.T of Delhi
Old Secretariat Building
Civil Lines, Delhi-110054
Sub: Parents unable to pay RS. 6500 – Greedy school declines brother-sister to take annual examination
Dear Sir,
That Mr. B.S Kapoor and Mrs. Meenu Kapoor (M: 9313506686) r/o C-32, Hardev Nagar, Burari, Delhi – 84, parents of master Abhishek Kapoor and Kumari Heena Kapoor, students of classes VI & IV of Moorti Devi Public School, A2/21 Block II, Sant Nagar, Burari, Delhi – 110084 (M : 9212205870), have personally complained to me that since they were unable to pay a sum of Rs. 6500 ( arrears on account of fee hike + books charges) to the school, the schools’ Principal kept both of their wards out from taking annual examinations which started on the 5th of March 2009. Inspite of the fact that the parents promised to pay the said sum of Rs. 6500 to the school, before they were provided with annual report cards, the greedy school Principal did not listen to them at all. These students have already missed three exams and if this state of affairs continues anymore, they would also miss the remaining exams which would end on 17.03.2009.
The parents’ economic condition is very bad and the total family monthly income is not more than Rs. 5000. The said conduct of the school leaves no doubt that the said school has been indulging in commercialization of education. The basic legal philosophy of philanthropy and community service behind running the school has been completely violated. Unfortunately, the Government of Delhi is a silent spectator and has miserably failed to fulfill the constitutional mandate of free and good quality education in the schools. In the absence of good quality Government schools, the hapless parents are forced to send their wards to fee charging private schools and to part with a substantial portion of their income.
It is the pious duty of the Government to ensure that no child is victimized, harassed, tortured and deprived of its Right to Education.
It is, therefore, requested that immediate action may be taken in this matter with an intimation to the undersigned.
With regards
(Ashok Agarwal)
Advocate
Advisor, Social Jurist
Mobile - 9811101923
Copy to: Principal, Moorti Devi Public School, A2/21 Block II, Sant Nagar, Burari, Delhi – 110084, for information and necessary action please.
Sunday, February 15, 2009
Parents protest school fee hike
Sunit Dhawan
Tribune News Service
Gurgaon, February 15
Hundreds of parents of school-going children staged a protest demonstration here today against certain private schools’ move to hike the tuition fee of students. They marched in protest against from the local Ram Lila Ground to the deputy commissioner’s camp office, where they submitted a memorandum to be forwarded to the Haryana Governor, Chief Minister and Education Minister.
Ashok Agarwal, president, All-India Parents Association asserted that the apex court had clearly told the state governments to ensure the provision of education to children as it was their fundamental right.
“Still, there is no proper system in place to check or control the functioning of the privately managed schools and other educational institutions,” he said.
Vashisht Kumar Goyal, president, Millennium Parents Association, Gurgaon, maintained that the government should set up an education commission to regulate the functioning of the private schools once and for all.
“It is high time that the state authorities clarified and implemented a proper education policy which also covers the private schools,” he maintained.
Terming the move on fee hike by certain private schools “illegal and unconstitutional”, The protesting parents stressed that in the absence of a well-defined regulatory mechanism, the private school managements were free to take decisions on their own.
Monday, January 26, 2009
LAWYERS MEET ON FEE HIKE IN UNAIDED SCHOOLS
Dear Friends,
We are all silent witness to the arbitrary and exorbitant fee hike every year in all the unaided recognized private schools in Delhi. The schools as usual have hiked fee at the rate of more than 10% in the beginning of the current academic year of 2008-2009. Now, in the mid-year of this academic year, the schools are proposing to further hike the fee at the rate of 70% to 100% with effect from 01.04.2008 plus arrears for nearly 32 months ranging between Rs. 10, 000/- to Rs. 30, 000/- per student on the pretext of sixth pay commission recommendations. Some of the schools have already enforced the proposed fee hike in violation of Delhi School Education Act, 1973 and the Orders of the Hon’ble Delhi High Court in the case of Delhi Abhibhavak Mahasangh (AIR 1999 Delhi 124 DB).
It is unfortunate that the Government of Delhi which is not only empowered by law but has also a constitutional and a statutory duty to check the menace of commercialization of education by the unaided recognized private schools has always remained a passive spectator. We all know that commercialization of education is legally prohibited and a school charging arbitrary and exorbitant fee is guilty of indulging in commercialization of education.
It is submitted that both the Hon’ble Delhi High Court and the Supreme Court have well settled the principles for determination of fee and other charges by unaided recognized private schools. However, both the Government of Delhi and the Schools are issuing misleading public statements resulting in utter confusion amongst the parents/students.
The lawyers as a class is not only affected by such arbitrary and unjustified fee hike but has also a crucial role to fight for the protection of the rights of the parents/students. It is, therefore, decided to hold an informal interactive session of lawyers to discuss the current issue of fee hike in unaided recognized private schools. Mr. Ashok Agarwal, Advocate (M-09811101923) who has been consistently advocating the cause of the parents/students since 1997 has agreed to brief the lawyer friends on this hot issue.
It is, therefore, requested that you may kindly participate in this informal interactive session of lawyers to be held on Tuesday, 27.01.2009 from 4.30 pm to 5.30 pm at Parking Lot, Western Wing, Tis Hazari Courts, opposite State Bank of India, Delhi-110054.
With regards,
Kusum Sharma, Advocate, President, Social Jurist
Mob- 9818026552
Dinesh Rohilla, Advocate, General Secretary,
Faith Academy Parents’ Association
Mob- 9268130817
25.01.2009
LAWYERS FOR RIGHT TO EDUCATION
We are all silent witness to the arbitrary and exorbitant fee hike every year in all the unaided recognized private schools in Delhi. The schools as usual have hiked fee at the rate of more than 10% in the beginning of the current academic year of 2008-2009. Now, in the mid-year of this academic year, the schools are proposing to further hike the fee at the rate of 70% to 100% with effect from 01.04.2008 plus arrears for nearly 32 months ranging between Rs. 10, 000/- to Rs. 30, 000/- per student on the pretext of sixth pay commission recommendations. Some of the schools have already enforced the proposed fee hike in violation of Delhi School Education Act, 1973 and the Orders of the Hon’ble Delhi High Court in the case of Delhi Abhibhavak Mahasangh (AIR 1999 Delhi 124 DB).
It is unfortunate that the Government of Delhi which is not only empowered by law but has also a constitutional and a statutory duty to check the menace of commercialization of education by the unaided recognized private schools has always remained a passive spectator. We all know that commercialization of education is legally prohibited and a school charging arbitrary and exorbitant fee is guilty of indulging in commercialization of education.
It is submitted that both the Hon’ble Delhi High Court and the Supreme Court have well settled the principles for determination of fee and other charges by unaided recognized private schools. However, both the Government of Delhi and the Schools are issuing misleading public statements resulting in utter confusion amongst the parents/students.
The lawyers as a class is not only affected by such arbitrary and unjustified fee hike but has also a crucial role to fight for the protection of the rights of the parents/students. It is, therefore, decided to hold an informal interactive session of lawyers to discuss the current issue of fee hike in unaided recognized private schools. Mr. Ashok Agarwal, Advocate (M-09811101923) who has been consistently advocating the cause of the parents/students since 1997 has agreed to brief the lawyer friends on this hot issue.
It is, therefore, requested that you may kindly participate in this informal interactive session of lawyers to be held on Tuesday, 27.01.2009 from 4.30 pm to 5.30 pm at Parking Lot, Western Wing, Tis Hazari Courts, opposite State Bank of India, Delhi-110054.
With regards,
Kusum Sharma, Advocate, President, Social Jurist
Mob- 9818026552
Dinesh Rohilla, Advocate, General Secretary,
Faith Academy Parents’ Association
Mob- 9268130817
25.01.2009
LAWYERS FOR RIGHT TO EDUCATION
Saturday, January 24, 2009
FEE HIKE - GOVT MUST IMPLEMENT HIGH COURT RULING
How any public school in Delhi can seek fee hike without first getting their financial records from 1996-97 and onwards examined by a statutory committee as per the directives of the Hon’ble Delhi High Court dated 30.10.1998 in Delhi Abhibhavak Mahasangh case? Though the Bansal Committee report is yet not available for comments, but what is gathered from the news reports is that the Bansal Committee has recommended that tuition fee of not more than Rs. 500/- and arrears to be collected from students should not exceed Rs. 4500/- per head. Of course, the Committee has suggested that a statutory committee be appointed to monitor the reserve funds of private schools in the city and their financial records be reviewed before approving any fee hike.
It may be noted that what ever tuition fee is increased, it will automatically increase development fee at the rate of 10 percent of the increased tuition fee. If Re. 500/- is increased in the tuition fee, Re. 50/- would be automatically increased in the Development fee, meaning thereby that the actual fee increased is not Re. 500/- but Rs.550/-. The Bansal Committee’s suggestion that a statutory committee be appointed to monitor the reserve funds of the private schools in the city and financial records be reviewed before approving any fee hike is in the line of 1998 directives given by the Hon’ble Delhi High Court. However, the recommendation for increase of any fee without examination of accounts by the statutory committee appears to be self contradictory.
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.
I appeared before the Bansal Committee on behalf of the Social Jurist and the Delhi Abhbhavak Mahasangh to place the parents’ view point. It was submitted that the Committee 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 was also submitted that if the Committee did not do the aforesaid exercise, great injustice would be caused to the parents/students of Delhi.
After the Bansal Committee has submitted its report to the Government, the ball is now in the court of the Government. The Government has so far failed to implement the directives of the Hon’ble Delhi High Court and also to protect the hapless parents/students. It is time to wait and watch.
By Advocate Ashok Agarwal
(15.01.2009 -author can be contacted at email: ashokagarwal1952@gmail.com )
It may be noted that what ever tuition fee is increased, it will automatically increase development fee at the rate of 10 percent of the increased tuition fee. If Re. 500/- is increased in the tuition fee, Re. 50/- would be automatically increased in the Development fee, meaning thereby that the actual fee increased is not Re. 500/- but Rs.550/-. The Bansal Committee’s suggestion that a statutory committee be appointed to monitor the reserve funds of the private schools in the city and financial records be reviewed before approving any fee hike is in the line of 1998 directives given by the Hon’ble Delhi High Court. However, the recommendation for increase of any fee without examination of accounts by the statutory committee appears to be self contradictory.
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.
I appeared before the Bansal Committee on behalf of the Social Jurist and the Delhi Abhbhavak Mahasangh to place the parents’ view point. It was submitted that the Committee 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 was also submitted that if the Committee did not do the aforesaid exercise, great injustice would be caused to the parents/students of Delhi.
After the Bansal Committee has submitted its report to the Government, the ball is now in the court of the Government. The Government has so far failed to implement the directives of the Hon’ble Delhi High Court and also to protect the hapless parents/students. It is time to wait and watch.
By Advocate Ashok Agarwal
(15.01.2009 -author can be contacted at email: ashokagarwal1952@gmail.com )
MOUNT CARMEL SCHOOL ILLEGALLY HIKES FEE
To
The Director of Education,
Govt. of NCT of Delhi,
Old Secretariat Building,
Civil Lines, Delhi 54
Subject- Illegal and Arbitrary fee hike by Mount Carmel School
Dear Sir,
We have the honour to bring to your kind notice that the hapless parents of the students studying in Mount Carmel School, Anand Niketan A-21, New Delhi- 110021 have complained to me in writing that the management of the said school has issued a demand notice dated 15.12.2008 to all the parents of the students of the school whereby they have been directed to shell out thousands of rupees towards arrears of enhanced fees i.e. Rs. 550/- per month with effect from 1.4.2008 on account of increase in salary bill of the teachers due to implementation of sixth pay commission. Copies of the parents’ complaint dated 19.1.2009 and school’s demand notice dated 15.12.2008 are enclosed hereto for your ready reference.
The contents of the above referred school notice dated 15.12.2008 are reproduced as under: -
“Mount Carmel School
Recognised by Delhi Administration & Affiliated to the Central Board of Secondary Education
A-21, Anand Niketan, New Delhi- 110021
December 15, 2008
Dear Parent,
Kindly refer to our notice dated 7th April’08 and 27th September’08.
We have worked out the increase in the salary bill which comes to approx. 12 lakhs p.m. But dividing this by the full fee paying students i.e. 1944 we find a need for an increase of approx. Rs. 620/- p.m. to meet the current requirements. However, it has been decided to increase the tuition fees currently by 30% only i.e. Rs. 550/- only for the financial year 2008-2009.
Enclosed please find bill for 4th quarter at the new rate plus arrears of quarter 1,2 & 3. Fee for 4th quarter may be paid by 23rd January 2009 and the arrears be cleared latest be 28th February 2009 before the start of 2nd term examination. For class X and XII kindly clear dues by February 20th, 2009 before collection of Admit Card.
There will be no late fee fine charged upto 28th February 2009.
With best wishes,
Yours sincerely,
Sd/-
Dr. V.K. Williams
Principal”
It is further brought to your notice that the school had earlier hiked the tuition fee on 1.4.2008 from Rs. 1650/- to Rs. 1800/- per month plus development fund from Rs. 165/- to Rs. 180/- per month (more than 10%). In terms of the aforesaid school notice dated 15.12.2008, the school has further hiked the tuition fee from Rs. 1800/- to Rs. 2350/- per month plus development fee from Rs. 180/- to Rs. 235/- per month (30%) with effect from 1.4.2008. Therefore, the total fee hiked is more than 40% in the current academic year of 2008-2009.
It is submitted that the school has hiked the fee without following the provisions of Delhi School Education Act, 1973 read with the directions having been given by the honourable Delhi High Court on 30.10.1998 in case of Delhi Abhibhavak Mahasangh v. Union of India and Ors. The parents are being forced by the school to deposit the fee at the increased rates as per school notice dated 15.12.2008.
That the aforesaid action and conduct of the school is illegal, arbitrary and amounts to commercialisation of education and warrants serious action. The fee hiked by the school is otherwise also unjust and unreasonable.
It is, therefore, requested that appropriate legal action on urgent basis may be taken against the school thereby preventing the school to charge fees and other charges from the parents at the increased rates in terms of the school notice dated 15.12.2008. It is also requested that the school may be directed to refund the access amounts to the parents who have already deposited with school the fee and other charges as per school notice dated 15.12.2008.
With regards,
Ashok Aggarwal, Advocate
Advisor, Social Jurist.
M- 09811101923
The Director of Education,
Govt. of NCT of Delhi,
Old Secretariat Building,
Civil Lines, Delhi 54
Subject- Illegal and Arbitrary fee hike by Mount Carmel School
Dear Sir,
We have the honour to bring to your kind notice that the hapless parents of the students studying in Mount Carmel School, Anand Niketan A-21, New Delhi- 110021 have complained to me in writing that the management of the said school has issued a demand notice dated 15.12.2008 to all the parents of the students of the school whereby they have been directed to shell out thousands of rupees towards arrears of enhanced fees i.e. Rs. 550/- per month with effect from 1.4.2008 on account of increase in salary bill of the teachers due to implementation of sixth pay commission. Copies of the parents’ complaint dated 19.1.2009 and school’s demand notice dated 15.12.2008 are enclosed hereto for your ready reference.
The contents of the above referred school notice dated 15.12.2008 are reproduced as under: -
“Mount Carmel School
Recognised by Delhi Administration & Affiliated to the Central Board of Secondary Education
A-21, Anand Niketan, New Delhi- 110021
December 15, 2008
Dear Parent,
Kindly refer to our notice dated 7th April’08 and 27th September’08.
We have worked out the increase in the salary bill which comes to approx. 12 lakhs p.m. But dividing this by the full fee paying students i.e. 1944 we find a need for an increase of approx. Rs. 620/- p.m. to meet the current requirements. However, it has been decided to increase the tuition fees currently by 30% only i.e. Rs. 550/- only for the financial year 2008-2009.
Enclosed please find bill for 4th quarter at the new rate plus arrears of quarter 1,2 & 3. Fee for 4th quarter may be paid by 23rd January 2009 and the arrears be cleared latest be 28th February 2009 before the start of 2nd term examination. For class X and XII kindly clear dues by February 20th, 2009 before collection of Admit Card.
There will be no late fee fine charged upto 28th February 2009.
With best wishes,
Yours sincerely,
Sd/-
Dr. V.K. Williams
Principal”
It is further brought to your notice that the school had earlier hiked the tuition fee on 1.4.2008 from Rs. 1650/- to Rs. 1800/- per month plus development fund from Rs. 165/- to Rs. 180/- per month (more than 10%). In terms of the aforesaid school notice dated 15.12.2008, the school has further hiked the tuition fee from Rs. 1800/- to Rs. 2350/- per month plus development fee from Rs. 180/- to Rs. 235/- per month (30%) with effect from 1.4.2008. Therefore, the total fee hiked is more than 40% in the current academic year of 2008-2009.
It is submitted that the school has hiked the fee without following the provisions of Delhi School Education Act, 1973 read with the directions having been given by the honourable Delhi High Court on 30.10.1998 in case of Delhi Abhibhavak Mahasangh v. Union of India and Ors. The parents are being forced by the school to deposit the fee at the increased rates as per school notice dated 15.12.2008.
That the aforesaid action and conduct of the school is illegal, arbitrary and amounts to commercialisation of education and warrants serious action. The fee hiked by the school is otherwise also unjust and unreasonable.
It is, therefore, requested that appropriate legal action on urgent basis may be taken against the school thereby preventing the school to charge fees and other charges from the parents at the increased rates in terms of the school notice dated 15.12.2008. It is also requested that the school may be directed to refund the access amounts to the parents who have already deposited with school the fee and other charges as per school notice dated 15.12.2008.
With regards,
Ashok Aggarwal, Advocate
Advisor, Social Jurist.
M- 09811101923
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