Late Payment Rule Doesn't Apply To Pvt Unaided Institutions In Delhi: HC

The Delhi High Court has stated provisions of the Delhi School Education Rules which say a school cannot charge fine in excess of five paise a day for late payment of fees, does not apply to private unaided schools here.

This order was passed by a bench of justices Vibhu Bakhru and Amit Mahajan on a petition by the Action Committee Unaided Recognised Private School, an umbrella association of above 500 private unaided schools located in Delhi.

The petitioner had assailed a February 2013 order of the Directorate of Education (DoE) holding that in terms of rule 166 under Chapter XIII of of the Rules, a private unaided school here can't charge fine above five paise per day in lieu of account of late payment of fees by students.

The petitioner, represented by advocate Kamal Gupta, also sought a direction that the rules contained in Part B, that contained rules 166, of Chapter XIII of the Rules do not apply to unaided recognised private schools.

Setting aside the DoE order, the court said substantial autonomy is provided to private unaided schools in cases of fees, which is contrary to the fee imposed by the aided schools.

Private unaided schools, the court stated, are free to decide their fee structure, that incorporates the tuition fees as well as other charges and contributions payable by students.