Queen Mary School Northend

v.

Director Of Education

Quorum: Justice Jayant Nath

Appearance: Advocates RomyChacko, Shakti Chand Jaidwl and VarunMudgal (for Petitioner); Standing Counsel Ramesh Singh with Advocates SantoshTripathi and BhawnaKataria (for Respondent)

Prayer of the Petitioner

This petitioner filed the petition seeking an appropriate writ toquash the Circular dated 18.04.2020. The petitioner prayed to allow the petitioner School tocharge the actual expenditure incurred by it during the lockdown period inthe form of fees from the students. Other connected reliefs are also sought.

Submission of the Petitioner

• The learned counsel for the petitioner submitted that he has grievancesagainst three of the clauses of the Circular dated 18.04.2020 includingClause (i), Clause (viii) and Clause (x).
• The learned counsel for the petitioner has strenuouslypointed out to Clause (i) of the Circular. The Circular stated that the school would only charge thetuition fee from the parents during the lockdown parents.Other fees except the tuition fee will not be charged from the parents.
• It ispleaded that Clause (viii) of the same Circular further stated that in no case,the school would not deny to provide ID and password. The students who are not able to pay the fees of school for financial crisis,would get online access of educationalfacilities/classes/materials.
• The learned counsel for the petitioner further submitted that about 40% of the students are taking unfairadvantage of clause (viii), and are defaulting inpayment of tuition fee resulting in grave financial crisis to the petitioner. The petitioner pleaded that the schoolis struggling to pay the salaries of the staffand the teachers.
• Learned counsel for the petitioner further submitted that the DivisionBench of this court by its judgment dated 24.04.2020 passed in W.P.(C)2993/2020 had stated that this provision should not be misused and it wouldbe necessary for the parents seeking benefit of this relief to establish to thesatisfaction of the school or the DOE that owing to the lockdown, they are infact financially incapacitated from paying the tuition fee. He submitted that thepetitioner may be permitted to implement this interpretation/clarificationgiven by the Division Bench vis-à-vis Clause (viii).

Submission of the Respondent

• The learned standing counsel for the Government of NCT of Delhi statedthat regarding Clause (viii) of the said Circular dated 18.04.2020, thepetitioner is free to take steps. The petitioner can issue of a notice to the parents ofthose students who are defaulting in payment of tuition fee.
• The parents would get an opportunity to explain their respective issues.They would explain to whether they are suffering fromany financial crisis. In case such parents are unable to satisfy/demonstratethe school regarding their financial problems, it is only in that eventualitythat the school can take steps as per law.

Order of the Court

The Court observed that the parents are indefault for payment of tuition fee for more than two months. The Court directed that thepetitioner can issue an appropriate notice to such parents to explain the reason forthe default. The Court directed that the parents have to be able to convince/demonstrate to thepetitioner about their financial problems and due to the financial problem they would be incapable to immediatelypay the pending fees. Then the petitioner would not take any further steps for thetime being against such parents. In case the parents are unable to satisfy/demonstrate to the petitioner regarding their financial difficulties, thepetitioner is free to take necessary steps. The petitioner would communicate the same to the parents and decline toprovide them ID and Password for online education facility for the students.In case the parents have any displeasure against such an order passed by thepetitioner School, the parents are free to approach appropriate authority ofthe Government of NCT of Delhi/respondent.