Unaided private schools can surrender their land and get compensation if they cannot comply with the allotment conditions like hiking fees only with government permission, Delhi High Court said today.
The conditions of allotment of DDA land at concessional rates to these private schools include that they have to first consult the Directorate of Education (DoE) of Delhi government before hiking their fees.
Refusing to pass an interim order as requested by the schools, Justice Sanjeev Sachdeva said they have got the land from Delhi Development Authority (DDA) on concessional rates.
"If you don't want the government grant (getting land at concessional rates), then give it back," he said.
"Surrender the land. They (DoE) will refund your money. They will pay you (schools) compensation and they will take over and run the schools. You cannot pick and choose what you will comply with," the court said and added "it is not a case for interim injunction".
The schools, represented by the Action Committee Unaided Recognised Private Schools, submitted that the land allotment letter was superseded by the lease deed which carried no such condition and sought a stay on three circulars of DoE as per which the fees have to be fixed after prior approval of the department.
Through these circulars, DoE had also asked the schools to submit their account details.
The Committee has challenged three DoE circulars of February 19, April 16 and July 15 of this year, saying these decisions incorrectly interpreted the allotment condition.
The judge, however, said he was bound by the rulings of the Supreme Court and a larger bench of Delhi High Court that the allotment letters, containing the conditions, have to be read with the lease deed.
He also made it clear that he would not extend the date for filing the account details beyond August 22.
The court issued notice to the Lieutenant Governor, DoE and DDA seeking their replies on the Committee's plea before the next date of hearing on November 10.
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