In a major blow to private schools operating on Delhi Development Authority (DDA) land, the Supreme Court (SC) on Monday upheld a Delhi High Court (HC) judgment that such schools cannot hike fees without the Delhi government's approval.
In a major blow to private schools operating on Delhi Development Authority (DDA) land, the Supreme Court (SC) on Monday upheld a Delhi High Court (HC) judgment that such schools cannot hike fees without the Delhi government's approval.
The schools had challenged a 2016 HC judgment in the SC. According to the state's additional standing counsel, Santosh Tripathi, the court further observed that private unaided schools on DDA land must comply with the terms and conditions in DDA's allotment letter, or they may have to vacate the land.
"Through these covenants, the government is trying to regulate profiteering by private schools and hence these terms were added," Tripathi said.
Tripathi further said that schools cannot challenge the terms laid out in the allotment letter. Speaking to DNA, he said that the terms and conditions outlined by the DDA at the time of leasing out land was done in compliance with a SC judgment. "Allotment of land at practically no price is done for serving public interest, i.e. spread of education or other charitable purposes; it is not meant to make money or profiteer from public property. We are sure that the government would take the necessary measures," Tripathi said, quoting a 1996 SC judgment.
"Once you have taken land from DDA, you have to abide by the Education Act," a Bench headed by the Chief Justice of India JS Kehar ruled while dismissing the petition filed by Action Committee Unaided Recognised Private Schools - a consortium of unaided private schools in the capital.
In 2016, a Division Bench of the HC, headed by Chief Justice G Rohini, had ruled that schools built on DDA land cannot hike their fees without the Delhi government's approval.
The HC's decision came on the heels of a PIL filed by advocate Khagesh Jha for an NGO, Justice for all, which had sought that recognised private unaided schools on land allotted by DDA be directed to abide by the stipulations in the letter of allotment before hiking fees.
Of the 2,600 schools in Delhi, the SC's decision affects at least 410. The SC judgment will prove to be a shot in the arm for the Aam Aadmi Party (AAP) run-Delhi government, which was once again summoned to the court by private unaided schools.
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