11 April 2013 newspaper publication:
Parents will be relieved to know that Delhi High Court on Wednesday ruled that private schools cannot charge fees for more than one month at a time.
Justice Valmiki Mehta said parents cannot be forced to deposit the school fees on a quarterly, half-yearly or yearly basis.
He also gave the liberty to the guardians to deposit the school fees by 10th of every month, according to Delhi School Education (DSE) rules. Such a practice on the part of the schools is anti-child, violative of the fundamental rights of the parents as guaranteed to them under Articles 14, 21, 21A and 38 of the Constitution, read with provisions of DSE Act, 1973 and the rules made there under.
In modern school Vs. UOI and others, by supreme court,
It has been held by the Supreme Court in case reported as Samir Vs. State, AIR 1982 SC 66 that the duty of the State under this directive is not only to establish educational institutions but also to effectively secure the right to education. It is pointed out that the Parliament has enacted Delhi School Education Act, 1973. The provisions of Delhi school education act, 1973 and Rules framed there under were under the scrutiny of Supreme Court while action of the Government to regulate fee by unaided private schools was challenged in case reported as Modern School Vs. Union of India, AIR 2004 SC 2236 and review decided in case of Action Committee, Unaided Pvt. Schools & Ors. Vs. Director of Education, Delhi & Ors. 2009 (11) SCALE 7, on 07.8.2009 in which the Apex Court considered the issue of enhancement of fees by the private schools besides delving into the issue of autonomy of the institution, transparency and accountability etc. and held that the school shall not increase the rates of tuition fees without the prior sanction of the Directorate of Education and shall follow the provisions of the Delhi school education act/Rules, 1973 and other instructions.