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Senior Advocate Vikas Singh appearing for Delhi Government today submitted before the Delhi High Court that Private Schools collecting Development fees and Annual fees over and above Tuition fees was purely commercialization in the present circumstances when the schools are closed due to Covid 19.

Singh appeared in an appeal challenging the order of the Single Judge which had quashed two orders dated 15^th April and 28^th August, 2020 issued by the Delhi Government restricting private schools from collecting Annual charges and Development fees from students in view of the Covid 19 lockdown.

Singh further argued that the Supreme Court Judgement in the case of Indian Schools, Jodhpur and ors vs state of Rajasthan and ors had no application in the present case because in the former case the directions were issued under the Disaster Management Act whereas in the present case the directions were issued under the Delhi School Education Act.

He further argued that the single judge had reserved the order in January 2021 and pronounced the order in May 2021 applying the Supreme Court judgement mutatis mutandis.

Singh submitted that the appeal should be allowed for the simple reason that the single judge had no jurisdiction under Art 142 to pass such an order.

Singh concluded his arguments submitting that a division bench of the High Court had in 2020 by an order restrained the schools from charging over and above the tuition fees and the single bench has gone beyond the forbidden territory by allowing schools to charge development fees.

He argued that "the schools are shut at present and when it opens they can place the statement under section 73. This is commercialisation. When the schools are closed and there is distant possibility of physical opening. Even the teachers are not being paid full salaries."

Advocate Khagesh B Jha appeared for the students in appeal.

The division bench comprising Chief Justice DN Patel and Justice Jyoti Singh adjourned the matter today and listed it for hearing tomorrow at 2.15 pm.

The appeal has been filed by the Delhi Government and students against the order of single Judge bench led by Justice Jayant Nath which had quashed the two orders as “an unreasonable restriction” on the functioning of private schools.

The Single Judge held that “the impugned orders dated 18.04.2020 and 28.08.2020 issued by the respondent to the extent that they forbid the petitioner/postpone collection of Annual Charges and Development Fees are illegal and ultra vires the powers of the respondent stipulated under the DSE Act and the Rules. The orders to that extent are quashed.”

The Court further noted that the private recognized unaided schools are dependent only on the fees collected to cover their salary, establishment and all other expenditure on the schools.