• Delhi private schools charging 3 month advance fee

Private School in Delhi is charging 3 month advance fee plus other charges which sums around Rs 20000 for admission of class XI student. Is there a judgement by high court or supreme court which bars private school from charging fees for more than one month in advance ? if yes can i get a copy of that Judgement which can be used to counter their decision.
Asked 5 years ago in Constitutional Law

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12 Answers

1. Most of the private schools affiliated to various Boards of School in India collects fees in quarterly basis. This system is widely applicable in management schools , both private and public as well.

2. So if the collection of school fees is made on quarterly basis then it is necessarily implied and requires in all practical purposes that fees for 3 months is to be paid at a time.

3. SO there is nothing illegality in it nor there is any breach of law arising out of this.

4. As per my knowledge no high curt or supreme court has held this system of collection of fees 4 times a year in stead on monthly basis illegal. 

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

Delhi high court in case of delhi Mahasabha v/s union of India held 

 

(i) It is the obligation of the Administrator and or Director of Education to prevent commercialisation and exploitation in private unaided schools including schools run by minorities.

(ii) The tuition fee and other charges are required to be fixed in a validly constituted meeting giving opportunity to the representatives of Parent Teachers Association and Nominee of Director of Education of place their viewpoints.

(iii) No permission from Director of Education is necessary before or after fixing tuition fee. In case, however, such fixing is found to be irrational and arbitrary there are ample powers under the Act and Rules to issue directions to school to rectify it before resorting to harsh measures. The question of commercialisation of education and exploitation of parents by individual schools can be authoritatively determined on thorough examination of accounts and other records of each school.

2) you can complain to director of education against 3 months advance fees sought to be collected by school 

Ajay Sethi
Advocate, Mumbai
94730 Answers
7536 Consultations

5.0 on 5.0

Now days every school charge for 6 months or 12 months fees in advance there is no such law made by education ministry to take advance fees payment. You can make complaint to Education ministry against the school. Kindly check their online portal.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Though I find your issue to be not having much merit, you may first write to the Board seeking exemption to pay fees for 3 months in advance .

if this does not work then try your luck in filing a writ petition in Delhi High Court. 

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

Unable to find any judgments on advance fees issue 

 

2)complain to director of education against school  insistence on paying 3 months advance fees 

Ajay Sethi
Advocate, Mumbai
94730 Answers
7536 Consultations

5.0 on 5.0

No case has been made out against the school as per the facts and circumstances stated by you. They can charge 3 months fees without taking any permission from your authority.

There are no judgments to support your claim.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

You can file a complaint against the school the director of education, but chances of it being allowed are next to 0.

You can also prefer writ petition before High Court, but I wouldn't advice that. No school charges fees on monthly basis and I believe it'll stay that way only.


You can file a complaint against the school the director of education, but chances of it being allowed are next to 0.

You can also prefer writ petition before High Court, but I wouldn't advice that. No school charges fees on monthly basis and I believe it'll stay that way only.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

You can take action against them before consumer court stating the same as deficiency of service

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

you can go to any legal action like complain to district education officer or SDM or DM.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear client 

You can go to consumer court against this decision of changing 3 month advance fees by school.

As there is a precedent of delhi court that directs school not to charge advance fees of more than a month. It can help you with the case it was between parents and summerfield school. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

There is no specific judgment as you ask for however you can very well make a complaint with the district education officer about this unjustified demand made by the school authorities.

You can also issue a legal notice asking the school to explain that under which law or rule that they demand this excess amount or fee in advance.

 

T Kalaiselvan
Advocate, Vellore
84926 Answers
2196 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
84926 Answers
2196 Consultations

5.0 on 5.0

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