[Resolved]  Thakur Public School — School Fees

A Division Bench of Hon’ble Delhi High Court way back on 31.10.1998 in Delhi Abhibhavak Mahasangh case (AIR 1999 Delhi 124) summarized the conclusions as under: -

“i) It is the obligation of the Administrator and/or Director of Education to prevent commercialization and exploitation in private unaided schools including schools run by minorities.

ii) The tuition fee and other charges are required to be fixed in a validly constituted meeting giving opportunity to the representatives of Parent Teacher Association and Nominee of Director of Education to place their view points.

iii) No permission from Director of Education is necessary before or after fixing tuition fee. In case, however, such fixation is found to be irrational and arbitrary there are ample power under the Act and the Rules to issue directions to school to rectify it before resorting to harsh measures. The question of commercialization of education and exploitation of parents by individual schools can be authoritatively determined on thorough examination of accounts and other records of each school.

iv) The Act and the Rules prohibit transfer of funds from the school to society or from one school to another.

v) The tuition fee cannot be fixed to recover capital expenditure to be incurred on the properties of the society.

vi) The inspection of the schools, audit of the accounts and compliance of the provisions of the Act and the Rules by private recognized unaided schools could have prevented the present state of affairs.

vii) The authorities /Director of Education has failed in its obligation to get the accounts of private recognized unaided schools audited from time to time.

viii) The schools/society can take voluntary donations not connected with the admission of the ward.

ix) On the peculiar facts of these petitions there is no per se illegality in issue of the impugned circular dated 10th September 1997.

x) An independent statutory Committee, by amendment of law, if necessary, deserves to be constituted to go into factual matters and adjudicate disputes which may arise in future in the matter of fixation of tuition fee and other charges.

xi) The Government should consider extending Act and Rules with or without modifications to all schools from Nursery onward.”

The Hon’ble Supreme Court in Modern School case (2004) 5 SCC 583 upheld the validity of the above decision of the Delhi High Court.

Despite these provision Thakur Public School is hiking fees every Year without consulting with PTA & despite strong resistance & in last 4 years the fees have been doubled, furthermore they are selling Staionery ( Note Book, Text Book, Project File etc. ) Uniform, Shoes which is also illegal.

Hence there is immediate need to instruct school administration to reverse the hike in fees, refund extra amount taken from student on account of other activity charges.