New Delhi: Private unaided schools on land allotted by DDA have to take prior government sanction before hiking fees, the Delhi High Court held on Tuesday, saying that "schools cannot indulge in profiteering and commercialisation" of education.
A bench of Chief Justice G Rohini and Justice Jayant Nath directed the Delhi government's Directorate of Education (DoE) to ensure compliance of the terms in letter of allotment regarding increase of fees by recognised private unaided schools on land allotted by DDA.
It directed Delhi Development Authority (DDA) to take appropriate steps in accordance with the law against those private schools which violate the stipulation regarding fee hike in the letter of allotment.
"It is clear that schools cannot indulge in profiteering and commercialisation of school education...Quantum of fees to be charged by unaided schools is subject to regulation by DoE in terms of power conferred under Delhi Schools Education Act of 1973 and it is competent to interfere if hike in fee by a particular school is found to be excessive and perceived as indulging in profiteering.
"...In light of Supreme Court judgement in Modern School vs Union of India, they (private schools) are bound to comply with stipulation in letter of allotment," the bench said in its 16-page verdict. It also asked, "DoE to ensure compliance of the terms in letter of allotment regarding increase of fees by recognised private unaided schools which are allotted land by DDA."
The judgement came on a PIL filed by advocate Khagesh Jha for an NGO, Justice for all, which had sought that recognised private unaided schools on land allotted by DDA be directed to abide by the stipulation in letter of allotment to take prior sanction of DoE before hiking their fees.
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