Articles
AN END TO PROFITEERING AND COMMERCIALISATION OF EDUCATION
AN END TO
PROFITEERING AND COMMERCIALISATION OF EDUCATION
Recently
Delhi govt. had decided to takeover some private schools in Delhi who have not
abide by the directions given by the apex court in its judgment for not
increasing tution fee without permission from the Delhi Govt if land was allotted by DDA.though
the decision by the Delhi Govt. has been stayed by the Delhi High court for
hearing the version of schools ,we need to know the entire theme behind the
story .
An
association of private unaided schools had challenged the High court verdict,
contending that permission was required before the beginning of the academic
year. A bench headed by Chief Justice J S Khehar has dismissed a petition from
Delhi private schools against a High court verdict concerning fee hike.
Upholding the Delhi High Court's January 2016 judgment, the Apex court on 22nd
January,2017 ruled that private schools have to obtain approval from the Delhi
government before going ahead with their decision to hike fee.It has
categorically held while dismissing the petition of private schools that
-"Once you have taken land from DDA (Delhi Development Authority) you have
to abide by the Education Act."
This petition had been
filed as a Public Interest Litigation earlier before the High Court by Advocate
Khagesh Jha for an NGO- Justice for all, seeking a direction that no private
unaided school in Delhi which has been allotted land by the Delhi Development
Authority shall enhance the fee without the prior sanction of the Director of
Education. It had been pleaded that as per Master Plan 2021 an allottee of land
for the purpose of establishing an educational institution is under an
obligation not to increase the tuition fees without prior sanction from the Director
of Education (DoE) as held in Modern School vs. Union of India & Ors.
(2004) 5 SCC 583. and that the unaided educational institutions in Delhi have
failed to comply with the same and have been enhancing the fees without taking
the prior permission of the DoE and thus indulging in profiteering and
commercialization of school education. The petitioner therefore, sought a
direction to the Director of Education (DoE), Govt. of NCT of Delhi to ensure
compliance of terms of allotment letter regarding prior sanction for any
increase in tuition fees by all the unaided private schools situated in public
land allotted by Delhi Development Authority (DDA) and further to ensure that
the fee fixation shall be on the basis of fee paying capacity of the residents of
the locality for whose benefit the public land was allotted. The petitioner
also sought a direction to DDA to ensure compliance of Master Plan of Delhi
(MPD), 2021 by initiating appropriate action against the erring institutions
for violation of the terms of allotment.
The specific case of
the petitioner is that whenever land is allotted by DDA on perpetual lease hold
basis for running the school, a specific clause is included in the allotment
letter itself to the effect that the school shall not increase the rate of
tuition fees without prior sanction of DoE, Delhi Administration and shall
follow the provisions of Delhi School Education Act/Rules, 1973 and other
instructions issued from time to time. It was alleged by the petitioner that in
spite of the said specific term, the private unaided schools have been fixing
the fees at very high rates, beyond the reach of the residents of the locality,
without taking the prior permission of DoE. It is contended by the petitioner
that the said action is in violation of the MPD and Zonal Development Plans of
Delhi apart from the provisions of the DSE Act and the Rules made thereunder.
It is also contended that the said schools are indulging in profiteering and
commercialization of school education, which was disapproved by the Courts in
several decisions. The Delhi High Court in its January 20, 2016 verdict had
said that the schools built on land allotted by DDA cannot hike the fee before
taking prior permission from Delhi government."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 Department of Education 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," the court had said.
The
Honble Apex Court has now held that- It is mandatory for private unaided
schools, built on Delhi Development Authority land, to seek permission of the
Delhi government before hiking tuition fees, even if the fee hike is done in
the middle of the year.
By way of another landmark judgement , Delhi
High Court on 20th Jan 2017 stayed the operation of Delhi government circular
on nursery admission norms regarding private unaided minority schools, telling
the government to bring its own schools up to the mark before trying to impose
their admission norms on private institutions. “Your (Delhi government) public
schools are down the line, where people do not even want to study free of cost.
They are pathetic, where teachers do not even come,” Justice Manmohan said and
asked why Delhi government was not raising the standard of its school, and
instead seeking to take over the autonomy of private schools.The Court has
observed that -“There is a huge gap in demand and supply. You raise the
standard of your schools before interfering in the functioning of the private
schools,” the court said, adding that “you will be shocked to know that on
ground level, none of the parents want to admit their children in your
schools.Think about the future of those students too ''.
Become a Member of the new revolution "Consumer Awakening" and instantly expand your knowledge with the Important Landmark Judgements, Laws Laid down by the Supreme Court for Consumer Rights, Get access to hundreds of Featured Articles in 2 different Languages; English and Hindi - a valuable professional resource to draw upon, and a powerful, collective voice to advocate for your protection of rights as a consumer nationwide.
Thank you for your interest in becoming a "Consumer Awakening" Member!
You will find information on Customer Rights, what we're doing and how to become a member. If you are looking forward to become a member of our portal and gain access to Hundreds of Featured Articles which will clearly give you an insight of yoru rights as a Consumer, then Read Further. more detail on our technologies and technology process,
