Schools In Delhi Can Now Collect Annual Fee: Here's What High Court Said

The Delhi High Court said that private unaided schools in the national capital can collect annual school fees from their students as fixed earlier, with a deduction of 15 per cent in lieu of unutilised facilities during the lockdown period.

The High Court added that the Delhi government has no power to indefinitely postpone collection of annual charges and development fees by private schools as it would unreasonably restrict their functioning.

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What changes for parents, schools?

Schools can now collect the annual fees for the academic year 2020-21, as fixed and approved, with a 15 per cent deduction. The fees can be collected by schools retrospectively, since the academic year 2020-21 is over.

The amount payable by students will be paid in six monthly instalments with effect from June 10. This will apply to all students who attended school in the last academic year, including those who are awaiting a decision on their Class 12 Board exams.

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Why has the decision been taken?

This High Court¡¯s judgment brings about a big change in the school fee collection system. Due to the financial distress faced by parents, schools had so far been permitted to collect only tuition fees on a monthly basis for the academic year 2020-21.

The high court quashed the office orders of April and August 2020 issued by the Directorate of Education (DoE) of the Delhi government forbidding and postponing collection of annual charges and development fees, saying they were ¡°illegal¡± and ¡°ultra vires the powers of the respondent stipulated under the Delhi School Education Act and the Rules.

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How was fees collected from 2020-2021?

Last April, in the early days of the 2020 national lockdown, the Delhi government had issued an order stating that ¡°No fee, except tuition fee, will be charged from parents during the lockdown period.¡± The tuition fees were to be collected on a monthly basis, as opposed to lumpsum quarterly or annual demands. The order said: ¡°Annual and Development charges can be charged from the parents, on pro-rata basis, only on monthly basis after completion of lockdown period.¡±

Thereafter, in August, as a phased ¡®unlock¡¯ took place in the city, many schools began to collect annual and developmental fees on a pro-rata basis. However, the government doubled down on its April order on the ground that students had still not gone back to class in person, and that schools were still physically shut.

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The order had stated that restrictions in fee collection would continue to stand, because ¡°unlocking stage is still going on in phase manner hence, complete lockdown is yet to be over and schools are yet to be open for physical classroom learning¡±.

These have remained the standing orders from the government. No fresh directives were issued after this.