A group of schools today moved the Delhi High Court against its single judge's order restraining unaided private schools from charging fees on quarterly basis on the ground that the city government's guidelines does not authorise them to do so.
A division bench of acting Chief Justice B D Ahmed and Justice Vibhu Bakhru issued a notice to the Directorate of Education of Delhi government and sought its response by July 24 on the appeal filed by the schools saying that the Delhi School Education Rules apply to only aided schools and not to unaided ones.
Appearing for the petitioner schools, senior advocate Maninder Singh cited a Supreme Court ruling on the autonomy of the private unaided recognised institutions with regard to charging and fixation of fees.
The lawyer said there is no prohibition in the rules that unaided schools cannot stipulate payment of three months fee in advance by a due date.
In their plea the schools said "the single judge has failed to appreciate that the circular by the Director of Education recognising collection of fees by unaided schools on quarterly basis was issued way back in 1990.
"The department did not object to the practice as it was fully aware that the private unaided schools had the freedom to fix the fee and the schedule for collecting the same as per their administrative convenience. The department also did not find any illegality or violation of any rule."
On April 10, the single judge had restrained unaided private schools from charging fees on quarterly basis and said parents are entitled to deposit the fees by 10th of every month in which they are due.
