Court okays 25% hike in school fees

According to the Sixth Pay Commission’s recommendations,teachers are eligible to arrears in pay from January 1,2006,to August 31,2008.

“…schools should be allowed to charge fee as per the rates mentioned in orders dated February 11,2009,” the court observed in a written order released on an urgent basis late on Thursday evening.

“In case there is a default in the payment,schools shall be at liberty to take recourse of Rule 167 of the Delhi Education Rules,” the Bench held.

The payment of the enhanced fee is applicable from May 28 and will continue till March 2010,according to the February 11 order.

The Bench,however,imposed a rider that if it was found on the “final outcome” of the court hearing — after the verdict is pronounced — that the enhanced fee paid by the student was over and above the sum due from him,the school would be obliged to return the excess amount with 9 per cent interest per annum. All schools will have to file an undertaking on this.

The court directed parents to pay in instalments the total arrears of tuition fee,ranging from Rs 2,000 to 4,500,from September 1,2008,as also a development fee,which amounts to 15 per cent of the total annual tuition fee.

The court cautioned school managements against “forcing a child to leave school or take coercive steps against the child for non-payment” of arrears. The “coercive steps” include withholding admit cards for Board examinations,report cards,school leaving certificates or any other document,and also disallowing a student from appearing in a Board examination.

The court also allowed schools to recover the arrears from a student after he has left the institution,whether “pre-maturely or after completing his education”,by adjusting the amount with security deposits charged at the time of admission.

A group of parents’ associations had approached the court against the “unjustified” levy of additional fees,and requested that such a hike could only be imposed on a case-to-case basis. On the other hand,schools rebutted that even a 25 per cent hike was not sufficient to take care of the impact of pay revision. They wanted a hike of almost 50 per cent.

The February 2009 order notified that schools charging between Rs 501 and Rs 1,000 per month could hike fees by Rs 200. Those charging between Rs 1,001 to Rs 1,500 were allowed an increase of Rs 300. Institutions within a fee range of Rs 1,501 to Rs 2,000 could effect a hike of Rs 400,while those charging above Rs 2,000 per month were allowed to increase Rs 500.