Poonam Srivastav, J. - (1.) HEARD Shri A.K. Mehta, learned Counsel appearing on behalf of the Appellant Delhi Public School (DPS) and Shri Deepak Roshan, learned Counsel appearing on behalf of Respondent No. 1.
(2.) THE instant appeal is preferred against the judgment and order dated 19.03.2010 passed by the Jharkhand Education Tribunal (JET), Ranchi in Case No. 26 of 2009. The petition preferred by opposite parties was partly allowed holding that the hikes in Tuition fee and Admission fee for financial year 200910 are to be kept at the level of only 15% more with reference to such rates in the immediately preceding year 200809. A number of similar cases were filed before the Jharkhand Education Tribunal (JET) against the Delhi Public School of different branches, challenging the decision of the Institution within the State of Jharkhand challenging the revision of respective fee structure for the academic session, 200910. The escalation in the school fee was to be implemented with effect from 01.04.2009. The hike in the fee was challenged to be arbitrary and abnormally high and inconsistent with the relevant laws/byelaws/instructions etc., specifically, the affiliation byelaws of the Central Board of Secondary Education (CBSE). The petition was filed before the Tribunal allegedly on the ground that there was huge protest and voices to resist the implementations of hikes in the fee. The instant appeal pertains to the Delhi Public School, DPS Dhanbad. The opposite party is the father of one Arham Nabil (student of Class 6th of DPS at Dhanbad). He filed an application challenging the fee structure whereby the Annual Tuition fee was enhanced from Rs. 820/per month to Rs. 1190/per month which was calculated to be an increase by 45%. The challenge was that the hike in the fee was unreasonable and exorbitant and without seeking permission from the State Government.
(3.) THE case of the Appellant is that DPS, Dhanbad is a joint venture of the Delhi Public School Society registered under the Society Registration Act, 1860 with the prime object of extending quality education and other curricular activities for all round development. The agreement with Bharat Coking Coal Limited, which is a Government of India undertaking, a trust registered in the name of Coalfield Education Trust, runs the school. The DPS, Dhanbad, is affiliated with the Central Board of Secondary Education and it is a private unaided educational Institution. The Government of India recommended revision of pay scales in confirmation of the 6th Pay Commission recommendations, which was duly approved by the Central Government and was given effect to from 01.01.2006. In parlance to the said recommendations, the DPS Society had taken a decision to implement the 6th Pay Commission recommendations in the Institution as well. Annexure 2 to the writ petition is a communication bearing Ref. No. DPSS/ Admn/5198 dt. 27.02.09 of the Secretary, DPSS addressed to the Province Chairman, DPS Schools. Pursuant to the said letter, a decision was taken to implement the 6th Pay Commission in its meeting dated 31.03.2009. This meeting of Managing Committee was also participated by two parents' representative members and finally, it was duly approved by Pro Vice Chairman, Delhi Public School, Dhanbad. After due approval was granted, the escalation of the fees as decided or implemented, was challenged before the JET (order of the JET dated 19.03.2010 is in Case No. 26 of 2009) passed a detailed judgment and the three points for consideration before the Tribunal are enumerated below: (a) whether the Respondent school, Delhi Public School, Dhanbad has ed arbitrarily while deciding on and implementing its revised school fee structure with effect from 01.04.2009 for the academic session, 200910, (b) whether such fee hike was abnormal that tantamount to not being commensurate with the factors attached therewith, (c) whether such fee hike had any profiteering motive implicitly built in; and (d) whether while deciding on such fee hike, the provisions as contained in relevant rules, instructions, directions etc. were duly followed.;