Delhi High Court nixes PIL to stop city school from charging fees for providing AC in classrooms

A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora in its May 2 order observed, “Having heard the learned counsel for the parties, we are of the considered opinion that the present petition is not maintainable. The Annexure P-2 filed with this petition is the fee receipt issued by Respondent No 5 School for the session 2023-24 and it duly records the entry of charges for air-conditioner. There is thus a presumption that the said charges have been raised after apprising the DoE of the fee and charge schedule. In view of the admission of the Petitioner that the facility of air conditioning is being provided to the students in the classrooms, prima facie, there is no irregularity in the charge levied by the school”.

The bench added the cost for providing air conditioning services to the school children “has to be borne by the parents as it is a facility provided to the children and is no different from the other charges such as lab fee and smart class fee levied”.

While selecting schools, the bench said, parents have to be mindful of the facilities and the cost of the facilities provided to their children. The bench also said the “financial burden of providing such facilities cannot be fastened” on the school management alone.

Goel’s counsel said the obligation to provide an air-conditioning facility to the students rests with the school management and this facility should be provided by the school from its funds and resources. He stated the levy of this charge on the students is contrary to Rule 154 of Delhi School Education Rules, 1973, adding that though the availability of the facility is not denied but the petitioner should not be charged with the liability to pay the cost.

Meanwhile, the DoE said the Delhi Government is examining the issue. The DoE also said some complaints have been received and an Action Taken Report has been called for, adding a show cause notice has been sent to the school over those complaints.