SC refuses to stay Delhi HC order allowing private schools to levy development, annual fees

New Delhi: The Supreme Court Monday refused to stay the Delhi High Court order allowing private unaided schools to collect annual and development charges from students for the period after the lockdown ended in the national capital last year.

A bench comprising Justices A M Khanwilkar, Dinesh Maheshwari and Aniruddha Bose did not agree with the submission of the Directorate of Education (DoE) of Delhi government that it has the power to regulate the levy of fees by private unaided schools and as an interim order, the high court judgement permitting such a levy of annual and development charges be stayed.

We have heard counsel for the parties. Considering the fact that the special leave petition(s) are directed against an interlocutory order, we decline to interfere and more particularly because the Division Bench of the High Court vide order dated 7.6.2021 had made it clear that the intra-court appeal may proceed for hearing before the Roster Bench on 12th July, 2021, the bench said in its order.

The bench, however, said although it was dismissing the appeal of the Delhi government, this would not come in the adjudication of its plea by a division bench of the high court as nothing on merits have been recorded by it.

The special leave petitions are dismissed. All contentions available to the parties can be raised before the Division Bench of the High Court in the pending appeal. The dismissal of the special leave petition(s) is not an expression of opinion on the correctness of the view expressed by the High Court or the contentions raised before us by the parties. All questions are left open. In view of the above all pending applications are disposed of, the order said.

During the hearing also the bench indicated its views by saying, We are not inclined to grant you (Delhi government) the stay.

Senior advocate Vikas Singh, appearing for Delhi government, vehemently sought the stay of the high court's judgement saying, lakhs and lakhs of parents will be affected. Please don't shut us out.

On May 31, a single-judge bench of the high court had quashed the office orders of April and August 2020 issued by DoE of the Delhi government forbidding and postponing collection of annual charges and development fees.