Cost Of Air Conditioning Services Provided In Schools Have To Be Borne By Parents: Delhi High Court
Case title: Manish Goel vs Government of NCT Delhi & ORS.
Case no.: W.P.(C) NO. 6151 OF 2024 & CM APPL. 25614/2024
Dated on: 02nd May 2024
Quorum: Justice Hon’ble The Acting Chief Justice Manmohan and Justice Hon’ble Mr. Justice Manmeet Pritam Singh Arora
FACTS OF THE CASE
The Petitioner, Goel was studying in Class IX in the school. A Public Interest Litigation (PIL) has been flied seeking a direction to respondent No. 3 Directorate of Education (DoE) of GNCTD to ensure that Respondent No.5 Maharaja Agarsain Public School, a Cambridge International School does not realise a sum of Rs.2,000/- per month in lieu of providing the services of air conditioning to the students in the classroom.
CONTENTIONS OF THE APPELLANT
The petitioner’s learned counsel submits that 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 own funds and resources. He states that of his levy of his charge on the students is contrary to Rule 154 of Delhi School Education Rules,1973 (DSE Rules). He states that though the availability of the facility is not denied, however the petitioner disputes that he has any liability to bear the said costs.
CONTENTIONS OF THE RESPONDENTS
The respondent counsel submitted that the respondents are examining the issue. He states that complaints have been received and respondents have called for an action taken report. He states that respondents have issued a show cause notice to respondents No.5 school on the complaints received. As apprised by learned counsel for respondents, the DoE is seized of the matter and awaiting the action taken reports.
LEGAL PROVISIONS
Rule 154 of Delhi School Education Rules,1973 (DSE Rules): Ban on the levy of unauthorised Fees or Funds.
Article 226 of Indian Constitution: Any citizen or organisation can move to High court for a Public Interest/cause by filing a petition.
COURT’S ANALYSIS AND JUDGEMENT
The Delhi High court has observed that the cost of air conditioning Services provided to children in schools have to be borne by the parents. Court stated that the air conditioning facility is no different from other charges such as lab and smart class fee levied by the school. The DoE took a stand that the authorities are examining the issue in question and action taken report has been called on the complaint received. The court was informed that Maharaja Agrasain school has been issued a show cause notice on the complaints. It observed that the parents while selecting the school have to be mindful of the facilities and cost of facilities provided to the children and the financial burden for providing facilities cannot be fastened on the school management alone. A presumption that the said charges have been raised after apprising the DoE of the fee and charge schedule. In the view of the admission of the petitioner that the facility of air conditioning is being provided to the students in the classroom, prima facie, there is no irregularity in the charge levied by the school. The court dismissed the petition observing that it was not maintainable. It noted that the fee receipt issued by the school for the session 2023-24 duly records the entry of charges for air conditioner. We are therefore, not inclined to entertain the present PIL and the same dismissed.
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Judgement Reviewed by – HARIRAGHAVA JP
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