HC refuses to stay DoE circular on 7th pay commission

The Delhi High Court today refused to stay a clause in a circular issued by Delhi government's Directorate of Education (DoE) on the guidelines for implementation of 7th Pay Commission reccomendations in private unaided schools in the city.
The high court declined interim relief sought by an association of 500 private unaided recognised schools in Delhi to stay the circular which states that if a school's managing committee feels necessary to increase tuition fee, it shall hold a meeting with a group of teachers and parents, including at least one parent representative from each section of the school, and present its detailed budget.

The circular contains the guidelines, mode and manner of implementation of 7th Central Pay Commission's recommendations in private unaided recognised schools of Delhi for paying increased salaries and allowances to their teachers and other staff members.
Justice Indermeet Kaur, however, said the court was not inclined to grant the stay on the October 17 circular at this stage and issued notice to DoE seeking its response before February 5, the next date of hearing.
"It is the parents who have to bear the brunt of fee hike. So they must know why there is a hike. It is also true that there is already so much of commercialisation in the education system," the court said.

Senior advocate Dayan Krishnan, appearing for Delhi State Public School Management Association, sought quashing of the particular clause saying that inputs from parents would create unrest in children and parents which will make it difficult for the school to function.

He said asking for member of every section to be present in the meeting and creating extra statutory provision was not permissible under the statute.
Delhi government standing counsel Ramesh Singh said parents' participation was important as it contemplated transparency and they were equal stakeholders and their inputs will not amount to any intereference.
He said as per the circular, inputs would be solicited from the parents and teachers' representatives and the managing committee can either take their suggestions into consideration and revise their proposal or record their dissent.

The association, in its petition filed through advocate Kamal Gupta, said it was challenging only Clause 1(K) of the circular which seeks for parents participation, alleging that it was "absolutely illegal and arbitrary portion" and contrary to provisions of the Delhi School Education Act and Rules.
The petition said a division bench of the high court in August 2011 order had struck down an absolutely identical of the DoE circular of February 2009 and the action of the respondent in re-issuing such direction is not only illegal, but also contemptuous.
"Once the division bench has held that there is no requirement to take any approval of the parents before enhancement of fee, holding of a meeting with a group of parents, presentation of budget and financial statements to them, justifying the need for increase in tuition fee to them, is absolutely unwarranted, inconsequential, not required and utterly mala fide," it claimed.