The Delhi High Court has lodged notice in an appeal favoued by a school against the Delhi Government’s order ordering private autonomous schools to charge only tuition fee according to the COVID-19 pandemic. (Queen Mary School, Northend vs GNCT of Delhi). Legal notice to the Delhi Government was delivered by a single Judge Bench of Justice Jayant Nath in a petition by Queen Mary School, Northend (Petitioner). The Court has also permitted the Petitioner School to rejecting online education to those students who have not submitted tuition fee for more than two month, despite financial incapability.
In April, the Delhi Government had ordered private autonomous schools in the city to pay only tuition fee from students till further legal order. The order had conducted the heads of the schools to assure that in no situation, ID & Password for online education is objected to those who are unable to pay the school fee due to financial crisis arising out of closure of business activities in the ongoing lockdown condition. It is the Petitioner’s resentment that taking biased benefit of the order, about 40% of the students failed in payment of tuition fee .
Therefore, the Petitioner was striving to pay the salaries of the staff and the teachers. The Petitioner has asserted that the Delhi Government’s order has no ground in the Disaster Management Act or The Epidemic Diseases Act, and was also in contradiction of Delhi School Education Act. Asserting that “Right to fix the fee” was a fundamental right under Article 30 and 19 (1)(g) of the Constitution of India, the Petitioner has contended that the Delhi Government unable to take into account the expenses incurred for a variety of measures including sanitisation, setting up online classes, maintaining buses used for transport etc.