GARIB HO TO SCHOOL MAT AANA II
GARIB HO TO SCHOOL MAT AANA - HIGH COURT STAYED SCHOOLS ORDER ON REMOVAL OF STUDENTS BELONGING TO WEAKER SECTIONS
NOTE ON PROCEEDINGS
CORAM: Hon,ble Mr. Justice Vikramajit Sen
The Delhi High Court today stayed operation of the order dated 16.9.2005 of Rukmani Devi Jaipuria School whereby the school had struck off the names of Mayank Mittal and Priyank Mittal for non payment of school fee and these students were asked not to come to school from 17.9.2005. The case was adjourned to 23.2.2006.
On the last date of hearing the High Court issued notice to Rukmani Devi Jaipuria school and government of Delhi for 01.12.2005 to reply on the petition. It is a case in which two students were granted full fee concession by an unaided private school in the academic year 2004-2005 under 20 percent freeship quota for children of weaker sections. However, in the academic year 2005-2006, sometimes in August, the parents were asked to pay full fee and when the parents did not pay and pleaded for full fee concession, the school by a written order dated 16.09.2005 struck off the names of the students and asked them not to attend the school. I submitted to the Court that the action of the school is illegal on two counts, (i) it is in breach of Delhi Government order dated 27.04.2004 which mandates all the recognized private school to provide admission and freeship to the children of weaker sections to the extent of 20% and (ii) it violates Rule 158 of Delhi School Education Rules, 1973. In terms of both the said order and rule, the school cannot withdraw the concession of fee, once granted.
Ashok agarwal, Advocate
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