The Delhi High Court has directed Delhi government to forthwith de-seal two schools in the state which were sealed on Monday, stating that no show cause notice was given to them before sealing the school for allegedly hiking fees during coronavirus lockdown.
The Delhi High Court has directed Delhi government to forthwith de-seal two schools in the state which were sealed on Monday, stating that no show cause notice was given to them before sealing the school for allegedly hiking fees during coronavirus lockdown.
Justice Sanjeev Sachdeva set aside the Delhi government's May 1 and May 4 orders to seal the two schools saying they cannot be sustained as no opportunity of hearing was given to them.
The order came on the two school's plea challenging the May 1 and May 4 orders of the Delhi government which had ordered sealing of the schools for alleged non-compliance of its April 18 direction not to hike fees during the COVID-19 pandemic related lockdown.
The court said that the government which is represented by additional standing counsel Gautam Narayan, can issue a show-cause notice to both the South Delhi schools when it does, the schools should file a response within a week's time.
After that only the government can fix a date of hearing before the competent authority -- Director of Education or his nominee -- who shall pass a speaking order after hearing the school in accordance with the law, the court said.
With the directions, the court disposed of the pleas of the two schools.
Senior advocate H L Tiku and advocate Sanjeev Ralli, appearing for the two schools, asserted that the schools complied with all the directions issued by the Directorate of Education (DoE).
They also said that they were not given any opportunity by the government to show that they had complied with DOE's April 18, 2020 direction to not hike any fees during the coronavirus lockdown period.
The lawyers also said that the schools had hiked fees for the year 2019-2020 in 2019 and it was not permitted by DoE and they had approached the court which on May 27, 2019, had restrained them from collecting the enhanced fees. The schools agreed before the court that they will charge fees in terms of the May 27, 2019 order.
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