SCHOOL FEE HIKE IN VIOLATION OF LAND ALLOTMENT CLAUSE - SOCIAL JURIST SENDS CONTEMPT NOTICE TO DOE

SOCIAL JURIST,
A CIVIL RIGHTS GROUP

To
Shri Amit Singla,
Director of Education,
Government of NCT of Delhi
Old Secretariat Building, Civil Lines,
Delhi-110054

14 April 2012

Sub: Contempt Notice – DOE fails to obey Supreme Court directions in Modern School case to ensure that unaided schools on public lands should not have hiked fee without its prior sanction

Dear Sir,

Take notice that the Hon’ble Supreme Court in its judgment dated 27.04.2004 in Modern School vs. Union of India etc. reported as (2004) 5 Supreme Court Cases 583 in concluding Para 27© said as under:-

“27 © It shall be the duty of the Director of Education to ascertain whether terms of allotment of land by the Government to the school have been complied with. We are shown a sample letter of allotment issued by the Delhi Development Authority issued to some of the schools which are recognized unaided schools. We reproduce herein clauses 16 and 17 of the sample letter of allotment:

“16. The school shall not increase the rates of tuition fee without the prior sanction of the Directorate of Education, Delhi Administration and shall follow the provisions of the Delhi School Education Act/Rules, and instructions issued from time to time.

17. The Delhi Public School Society shall ensure that percentage of freeship from the tuition fee, as laid down under the rules by the Delhi Administration, is from time to time strictly complied with. They will ensure admission to the student belonging to weaker sections to the extent of 25% and grant freeship to them.”

28. We are directing the Director of Education to look into letter of allotment issued by the Government and ascertain whether they have been complied with by the schools. This exercise shall be complied with within a period of three months from the date of communication of this judgment to the Director of Education. If in a given case, the Director finds non-compliance with the above terms, the Director Shall take appropriate steps in this regard.”

Take notice that there are 394 identified unaided recognized private schools (list of such schools is available on the DOE Website www.edudel.nic.in/welcome_folder/424_dt_230569/page.htm )on public land in Delhi which have a clause similar to that Clause 16 mentioned above in their respective letters of allotment in term of which they are not entitled to increase the rates of tuition fee without the prior sanction of the Directorate of Education, Delhi. It is submitted that despite the existence of the said clause in the allotment letter, all the said schools have arbitrarily hiked fee in the academic year 2012-13 without the prior sanction of the Directorate of Education, Delhi.

Take notice that the Hon’ble Supreme Court in the above judgment directed you to take appropriate steps where you find non-compliance of the above terms. However, you have failed to take any appropriate action against these schools till date deliberately and intentionally which tantamount to contempt of the Hon’ble Supreme Court and attracts penal action against you.

With regards,

Ashok Agarwal, Advocate
Advisor, Social Jurist
M-09811101923