MODERN SCHOOL Vs. UNION OF INDIA
LAWS(SC)-2004-4-93
SUPREME COURT OF INDIA
Decided on April 27,2004

MODERN SCHOOL Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) In this batch of civil appeals, following three points arise for determination :- (a) Whether the Director of Education has the authority to regulate the quantum of fees charged by unaided schools under S. 17(3) of Delhi School Education Act, 1973 (b) Whether the direction issued on 15th December, 1999 by the Director of Education under S. 24(3) of the Delhi School Education Act, 1973 stating inter alia that no fees/funds collected from parents/students shall be transferred from the Recognised Unaided Schools Fund to the society or trust or any other institution, is in conflict with R. 177 of Delhi School Education Rules, 1973 (c) Whether managements of recognised unaided schools are entitled to set up a Development Fund Account under the provisions of the Delhi School Education Act, 1973
(2.) Since the aforestated three points arise in all the civil appeals the same are taken up together and disposed of by this common judgment. INTRODUCTION :
(3.) In modern times, all over the world, education is big business. On 18th June, 1996, Professor G. Roberts Chairman of the Committee of Vice-Chancellors and Principals commented : "The annual turnover of the higher education sector has now passed the 10 billions mark. The massive increase in participation that has led to this figure, and the need to prepare for further increases, now demands that we make revoluntionary advances, in the way we structure, manage and fund higher education.";


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