Subject: Exorbitant Fee hike by Delhi Public Schools Ghaziabad
and few other schools located in Ghaziabad regarding.
Brief Facts of the Case.
1. Delhi Public School Ghaziabad Schools (total three, all located in Ghaziabad–at Meerut Rd, Vasundhara and Dasna), being run under aegis of Delhi Public School Ghaziabad Society, had increased the fee exorbitantly by 40% during academic year 2014-15 over the previous academic year. The intimation for the same was disseminated to Parents in the month of March 2014. Apart from DPSG Schools, few other schools located in Ghaziabad have also increased the fees exorbitantly. The fees hike was protested by Parents throughout Ghaziabad during the month of March/April 2014.
2. Shri SVS Rangarao, IAS, the then District Magistrate constituted a Committee comprising of ADM (City)- Chairman, SP (City), DIOS, BSA and Finance & Accounts Officer- Members vide Order dated 1434/ST-DM/School Fees/2013-14 dated 15 April 2014 to look into the matter and submit its report in light of Hon’ble High Court/Supreme Court Orders on such issues after hearing representatives of Parents and Management of Schools. The District Magistrate also stayed the hiked fee till submission of report by the said Committee vide Order dated 15 April 2014.
3. A Representation (copy att) from parents of DPSG was submitted to the said Committee highlighting various issues. One of the main objections of the Parents was regarding linking of Dearness Allowance (DA) with tuition fee at the same rate as it is being paid to government employees every six month (i.e DA component increase @ 10% every six month) thereby equating the ‘tuition fee’ of a Student with the ‘basic pay’ of the government employee!!
4. Taking into account all aspects of the case, the Committee submitted its Report to the District Magistrate, Ghaziabad on 25 April 2014. DPSG Schools were given full opportunity to justify the fees hike but deliberately avoided the same for their huge pecuniary gain. Their defiance to the authorities, non-compliance of rules & regulations/orders and terms & conditions of land allocation etc. are well reflected in the findings of the Committee which may kindly be perused.
5. Considering the Report of the Committee, the District Magistrate, Ghaziabad passed a Speaking Order No. 1236/2014-15 dated 25 April 2014 (copy att) on the issue of fees hike highlighting various aspects of non-compliance/violations viz. UP Govt Orders on the subject, exorbitant fees hike by few schools, terms & conditions of the Land allotment to DPSG Schools, terms & conditions of NOC, Hon’ble Supreme Court Orders in the matter, and non-submission of documents etc. It has been categorically stated in the ibid. Order that UP Govt Order No. 1402 dated 11.10.2011 are to be complied in totality by Management of Non-aided Schools till any further Order is issued by the UP Govt. with regard to Fee regulation. It further states that if complaints regarding non-compliance of the ibid. order and maltreatment of students are received, then action will be taken under Sec 144 of CrPC, 188 of IPC and other relevant Sections. Further, report will be sent to UP Govt for necessary action in r/o those schools which are not following the terms & conditions of UP Govt Orders incorporated in NOC.
Court Case in Hon’ble High Court of Allahabad.
6. Aggrieved by the said Order dated 25 April 2014, Delhi Public School Ghaziabad Society, Ghaziabad and Bal Bharti Public School, Brij Vihar, Ghaziabad filed Writ Petition (Civil) No. 26942/2014 and No. 26289/2014 respectively in Hon’ble High Court of Allahabad in May 2014. The matter was heard on 09 May 2014, 14 May 2014, 22 May 2014, 27 May 2014, 02 July 2014, 07 July 2014 and 09 July 2014. It is pertinent to mention that DPSG Parents Association which is fighting the case on behalf of Parents of DPSG Schools has been made Respondents on the directions of the Hon’ble High Court in both the Writ Petitions.
7. While the matter being subjudice, the Principal Secretary (Education), UP Govt issued letter dated 16 June 2014 in the matter (copy attached for kind perusal). The petitioner’s counsel filed this letter under supplementary affidavit in Hon’ble High Court on hearing held on 09 July 2014 and argued in the matter which is well reflected in the Court Order dated 09 July 2014 (copy of order attached for kind perusal). It may be seen that the said letter of Principal Secretary is of advisory in nature and deals with the issue of use of Sec 144 of CrPC and 188 of IPC in such matters but not contradicting/discussing any issues incorporated in the DM’s Order regarding exorbitant fees hike and merits of the case.
8. The Hon’ble High Court of Allahabad vide Order dated 09 July 2014 directed all Respondents to file Counter Affidavit in the matter within three weeks time and re-joinder to the Counter Affidavit in one week time and list the matter accordingly.
9. While the matter already being heard in the Hon’ble High Court of Allahabad, Independent Schools Federation of India Meerut Road Ghaziabad filed a Civil Misc Single Application in the Lucknow Bench of Allahabad High Court in July 2014. On its first hearing on 11.7.2014, an Order was passed by Hon’ble Lucknow Bench staying the operation of GO dated 11.10.2014 (erroneously 11.1.2014), DM’s Order dated 25.4.2014 and 15.04.2014 (a copy of the Order is att for kind perusal). It is pertinent to mention that DPSG is a member of Independent Schools Federation of India Meerut Road Ghaziabad.
10. Meanwhile the School has also issued circular on 11 July 2014 for deposition of enhanced fee for Quarter Jul-Sep 2014.
Issue of Exorbitant Fees hike by Schools located in NCR raised in UP Vidhan Sabha.
11. As per News Paper report dated 26 Jun 2014, the issue of exorbitant fee hike by schools located in NCR Delhi was raised in UP Vidhan Sabha on 25 Apr 2014 by Shri Amarpal Sharma, Hon’ble Member of Legislative Assembly from Ghaziabad. Serious concerns were also expressed by Hon’ble Cabinet Minister Mohd Azam Khan, and by other Hon’ble Members. The Hon’ble Leader of the House assured that appropriate action will be taken in the matter on priority (a copy of news paper report is enclosed).
Issues for Legal Advice.
12. Considering the above, kindly advice on the following:-
(a) Whether the Order dated 11.7.2014 passed by Hon’ble Lucknow Bench of Allahabad High Court is legally sustainable especially when the same matter is already under consideration (subjudice) of Allahabad High Court, and what legal remedy is available to us. What kind of misrepresentations of facts are possible by Independent Schools Federation of India Meerut Road Ghaziabad in Lucknow bench when the same matter is subjudice in Allahabad High Court since May 2014 including the question of Propriety.
(b) Whether the stay ordered by Lucknow Bench will automatically apply to WPs(Civil) under consideration of Hon’ble High Court Allahabad or the petitioners have to get specific orders from Allahabad High Court also on the issue.
(c) Whether the letter dated 16.6.2014 of the Principal Secretary (Education), UP Govt should not be construed as interference in Legal Process when the matter is already subjudice.
(d) Whether the insistence of School’s to deposit fee at enhanced rate should not be viewed as Contempt of the Court.
13. It is therefore, requested that necessary advice in the matter may kindly be rendered on priority so that issue of exorbitant fees hike by such schools are brought to its logical conclusion in Hon’ble High Court.
14. Your kindness in the matter on priority will save thousands of Parents form exploitation from such schools which are making huge pecuniary benefits by adopting unethical means.
