Don't give effect to bar on pvt schools from hiking fees to implement 7th CPC: HC to govt

The Delhi High Court has directed the AAP government not to give effect to its decision barring several private unaided schools in the national capital from hiking fees with retrospective effect to implement the 7th Central Pay Commission's (CPC) recommendations.

Justice Sunil Gaur said the interim increase in fees permitted last year by the Delhi government, to implement the 7th CPC, was "unreasonably withdrawn with retrospective effect" by the April 13, 2018 order of its Directorate of Education (DoE).

The court said its interim order will be in place till the next date of hearing on July 31 of the plea moved by a private unaided schools association alleging that the Delhi government was delaying the implementation of the 7th CPC.

 

The court noted that guidelines for implementation of 7th CPC recommendations in private unaided recognized schools issued by DoE in October last year as well as three orders of the department during the same period permitted hike in fees.

The guidelines were withdrawn with retrospective effect by the April 13, 2018 order of DoE, the court observed.

The private schools association, represented by advocate Kamal Gupta, challenged the April 13 decision would lead to delay in implementation of recommendations, apart from leading to exodus of teachers from the schools, which have been barred for the time being from hiking their staff's pay.

In its interim order, the court observed that "the guidelines issued by DoE on October 17, 2017 were not to be withdrawn with retrospective effect.

"Therefore, vide impugned order (of April 13), the interim increase permitted vide DoE's orders of October 17, 2017, November 3, 2017 and November 20, 2017, has been unreasonably withdrawn with retrospective effect.

"However, purely as an interim measure, till the next date of hearing, impugned order of April 13, 2018 be not given effect to, with retrospective effect," it said.

The association in its plea has claimed that while the government and aided schools can draw sustenance from the exchequer for payments to be made towards increased salaries and allowances, private institutions are entirely dependent on fees received from students to meet such liabilities.

"Needless to emphasise that any delay in implementation and retrospective implementation of CPC's recommendations leads to huge problems not only for private unaided recognised school, who have to collect funds for such implementation, but also leads to huge resentment among parents who are made to pay arrears and amongst the staff and teachers who are deprived of their entitlement for no reason," the petition has said.