The Delhi High Court on Friday told private unaided schools as that they can surrender the land provided to them at concessional rates if they are unwilling to comply with the conditions of allotment such as hiking fee with prior permission of the city government.
Justice Sanjeev Sachdeva said the land has been given to them by the DDA at concessional rates and “if you do not want the government grant, then return it.”
The court was hearing a plea by the schools, represented by the Action Committee Unaided Recognised Private Schools, challenging three circulars issued by the Directorate of Education (DoE) of the Delhi government.
The HC issued notices to the Lieutenant- Governor, the DoE and the DDA for a response.
The Committee challenged DoE circulars of February 19, April 16 and July 15 as per which the fees have to be fixed after approval of the department and the schools have been asked to submit their account records.
The schools have said the circulars have wrongly interpreted the allotment conditions since the land allotment letter was superseded by the lease deed, which carried no such condition.
“Surrender the land. They (DoE) will refund your money,” the bench said, adding “the Delhi government will run the schools. You cannot pick and choose what you will comply with”.
The Judge, however, said he was bound by the rulings of the Supreme Court and a larger bench of the Delhi High Court that the allotment letters, containing the conditions, have to be read with the lease deed.
He also made it clear that he would not extend the date for filing the account details beyond August 22.
Land has been given to you (private unaided schools) at concessional rates, if you don’t want govt. grant, then return it
Justice Sanjeev Sachdeva,Delhi High Court Judge