Delhi High Court has issued notice in a plea seeking a direction to be issued to the Directorate of Education to upload orders passed by them while examining the fee increase proposal filed by the recognized unaided schools for mandatory prior sanction.
The Division Bench of Chief Justice DN Patel and Justice Prateek Jalan had issued notice to the education department of the Delhi Government.
Filed by Justice For All, the petition also wants the Directorate of Education to upload the statement of fee along with annexures filed by the recognized unaided schools of Delhi under provisions of Section 17(3) of the DSE Act, 1973.
It is argued by the Petitioner that it is their right under Articles 19(1)(a), 21 and 21A of the Constitution to get access to the orders passed by the DoE.
The said information, the Petitioner argues, is very crucial as it makes it clear as to whether the school demanding fee has an approval from the Directorate of Information or the fees are demanded without prior sanction.
The petition says:
'There are allegations from parents and schools that the government providing prior sanction in the case of schools at DDA land and direction to correct fee structure as directed under Modern
School Vs Union of India on the basis of pick and choose. The information is most important for transparency and accountability and shall also control the corruption in the decision-making process regarding fee hike permission in recognized unaided private schools.'
As per the law laid down by the Supreme Court in Modern School v.. Union of India, a school situated on a DDA land needs to take prior permission from the DoE before making any increase in the tuition fee of the school.
It is the case of the Petitioner that most of the schools deliberately failed to file their statement of fee under section 17(3) and still continuing collection of fee from parents.
In the case of schools situated at the DDA land, the Petitioner argues, there is also huge deliberate pendency in the audit of account and schools are increasing fee as per their whims and fancies and there is no check and balance.
The court will next take up the matter on August 07.