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Delhi's ordinance to raise school fees is a preposterous move
Delhi's ordinance to raise school fees is a preposterous move

Hans India

time4 days ago

  • Politics
  • Hans India

Delhi's ordinance to raise school fees is a preposterous move

The Delhi government recently issued a circular, which requires private unaided schools that have been granted land by government entities to obtain prior approval from the Directorate of Education (DoE) before raising their fees for the 2024-25 academic year. Chief Minister Rekha Gupta warned of action against private schools that have increased fees arbitrarily. She said: ... no school has any right to harass parents and children. They have no right to threaten children and hike fees abnormally. ….' It was strongly opposed by Aam Aadmi Party (AAP) leader Saurabh Bhardwaj, who alleged that the state government had succumbed to pressure from private school lobbies by introducing a school fee ordinance without legislative oversight or public consultation. The Congress also opposed the 'ordinance' with the party's Delhi unit chief Devender Yadav blaming the BJP's decision 'to approve the ordinance without consulting stakeholders' as 'undemocratic' as it betrayed and stifled the voice of lakhs of students and their parents, 'who have been protesting against the arbitrary fee hike by private schools for months'. In a subsequent development many parents challenged the circular in the Delhi High Court. The circular has led to confusion and worries among parents, as many private schools have used these orders to almost double the tuition fees. The parents' group said that the High Court, by allowing such fee hikes without approval from the DoE, has gone against its own earlier decisions and also against the Supreme Court's past directions. The petitioners pointed out that allowing such fee increases without proper checks could lead to further misuse of power by private schools. Earlier judgments of SC: The Supreme Court had earlier this month criticised private schools in Delhi for hiking fees without prior government approval, particularly targeting schools constructed on government-allotted land, even as they were legally obligated to follow specific regulatory conditions. The SC noticed a violation of conditions and criticised that many elite private schools in Delhi operate on land allotted by the Delhi Development Authority (DDA) at concessional rates. A condition of the lease mandates that these schools obtain prior approval from the Directorate of Education (DoE) before increasing tuition or any other fees. The apex court observed that schools violated this lease condition by hiking fees unilaterally. It held that the state government should be accountable and transparent. In some other previous judgments (like Modern School v. Union of India, 2004), the SC held that education is not a commercial activity and fee structures must be reasonable. It reiterated that school fees should not become an economic barrier that undermines the Right to Education under Article 21A. Thus, the observations reinforce the Delhi government's authority to regulate private school fees, particularly those on public land. It also legitimises audits and penalties imposed by the Delhi Directorate of Education on non-compliant schools. Several schools may be required to refund excess fees and face restrictions on future hikes. The Supreme Court criticised schools that hike fees without government approval, especially when they occupy government-allotted land. Earlier in April, the government issued show-cause notices to 11 schools and initiated audits after uncovering widespread fee-hike abuses. Upholding Right to Education: Thus, the ordinary students now have legal recourse against arbitrary hikes, and their selection process may favour uninformed participants. While school representatives dominate decisions, the Delhi government claims penalties and committees could improve accountability and transparent fee structures. It is a democratic deficit as the ordinance bypassed legislative debate and public consultation, raising concerns about legitimacy and inclusivity. Fee hikes that occurred between April 1 and enforcement of the ordinance may remain unaddressed, leaving parents in limbo. Notice to the Supreme Court: The Supreme Court has rightly issued notice to the Directorate of Education, the Delhi government, and the Action Committee for Unaided Recognised Private Schools regarding a plea challenging the order of the Delhi High Court. Unfortunately, this 'order' permitted private schools situated on government land to increase tuition fees without prior approval from the DOE. Will this 'order' order the possibility of education? It directly disturbs 'law and order'. The government should wait for the 'order'. This notice came in response to a petition challenging the Delhi High Court's April 2024 decisions, which allowed private schools built on government land in Delhi to increase their tuition fees without taking prior approval from the DoE. A vacation bench, comprising Chief Justice of India BR Gavai and Justice Augustine George Masih, took up the hearing. The bench was responding to a petition filed by the Naya Samaj Parents Association, a group representing parents of students studying in private schools. The Supreme Court on May 29 issued notice to the Delhi Director of Education in a plea challenging the order of the Delhi High Court that allowed the increase of fees by private unaided schools on government lands. Delhi govt ordinance promulgated: The state cabinet on June 11 approved the issue of the ordinance aimed at regulating the fee structure of private schools in the national capital. The ordinance, titled the Delhi School Education (Transparency in Fixation and Regulation of Fees) Ordinance, 2025, was ready to be forwarded to the President through the office of the Lieutenant-Governor for formal assent. Once enacted, it will operate retrospectively from April 1, 2025. Instead of empowering the common man, the ordinance 'empowers' the government, preferring to impose fines of up to ₹10 lakh per school for violating fee norms and to revoke a school's ability to propose further fee hikes. The question is whether this 'hurried' ordinance will regulate arbitrary fee hikes by private schools in the national capital. Will it indeed give major relief to lakhs of students studying in private schools and their parents in the city? Why the ordinance with a retrospective effect? The ordinance says that schools found charging fees more than the permitted limit will be mandated to reverse the hike and refund the surplus amount within 20 working days. Failure to do so will lead to escalating financial penalties. Specifically, the fine will double if the delay crosses 20 working days, triple after 40 days, and continue to rise with every 20-day interval. It was further added that 'for a first violation, the ordinance prescribes a monetary penalty ranging between ₹one lakh and ₹five lakh. In the event of repeated non-compliance, the fine may increase to between ₹two lakh and ₹10 lakh, depending on the severity and frequency of the offence. The ordinance claimed that it is designed to bring greater transparency and fairness to the fee structures adopted by private schools and provide relief to parents burdened by abrupt and arbitrary fee hikes. The Delhi and other states, too, must ensure that fee committees are transparent, diverse, and balanced school and parent representation. Violations are penalized, and past arbitrary fee hikes (April–June 2025) are properly redressed, and Legislative procedures and public consultations are honored in future amendments or laws. It's a case of misusing the power of promulgation of an ordinance and, in essence, violence against the right to education, unfortunately. (The writer is Advisor, School of Law, Mahindra University, Hyderabad)

"You can't ask questions": AAP leader Saurabh Bhardwaj slams govt on Air India Plane Crash
"You can't ask questions": AAP leader Saurabh Bhardwaj slams govt on Air India Plane Crash

India Gazette

time14-06-2025

  • Politics
  • India Gazette

"You can't ask questions": AAP leader Saurabh Bhardwaj slams govt on Air India Plane Crash

New Delhi [India], June 14 (ANI): Aam Aadmi Party (AAP) leader Saurabh Bhardwaj on Friday launched a sharp attack on the ruling government over the growing concerns over public safety in India. He questioned, through a series of tragedies that have happened in recent months, asking for the government's accountability for rising accidents and crime incidents. In a post on X, Bhardwaj said, 'You go for a vacation in Kashmir, and terrorists shoot you point blank. You go to a Kumbh and it ends in a stampede, killing many. You go to a Railway station, you can get killed again in a stampede. You go in a flight for work/vacation, and it crashes. You are studying in your hostel, and the plane falls on you. Rapes, extortion, murders are everyday happening around u. But you can't ask Questions because No one of responsible.' The Aam Aadmi Party leader's remark came after the Al-171 Boeing Dreamliner 787-8 aeroplane bound for London's Gatwick crashed shortly after taking off from the Ahmedabad International Airport on Thursday. The airlines said only one out of the 242 people on board the aircraft survived the crash. The aircraft was piloted by Captain Sumeet Sabharwal, a Line Training Captain with 8,200 hours of flying experience, assisted by First Officer Clive Kundar, who had logged 1,100 flying hours. According to Air Traffic Control (ATC), the aircraft departed from Ahmedabad at 1339 IST (0809 UTC) from runway 23. It made a Mayday call to ATC, but thereafter, the aircraft did not respond to the calls. Immediately after departing Runway 23, the aircraft crashed outside the airport perimeter, and heavy black smoke began emanating from the accident site. There were 169 Indian nationals, 53 British nationals, seven Portuguese nationals, and one Canadian national on board the crashed plane, airline authorities said. (ANI)

'You can't ask questions': AAP's Saurabh Bhardwaj slams govt on plane crash
'You can't ask questions': AAP's Saurabh Bhardwaj slams govt on plane crash

Business Standard

time14-06-2025

  • Politics
  • Business Standard

'You can't ask questions': AAP's Saurabh Bhardwaj slams govt on plane crash

Aam Aadmi Party (AAP) leader Saurabh Bhardwaj on Friday launched a sharp attack on the ruling government over the growing concerns over public safety in India. He questioned, through a series of tragedies that have happened in recent months, asking for the government's accountability for rising accidents and crime incidents. In a post on X, Bhardwaj said, "You go for a vacation in Kashmir, and terrorists shoot you point blank. You go to a Kumbh and it ends in a stampede, killing many. You go to a Railway station, you can get killed again in a stampede. You go in a flight for work/vacation, and it crashes. You are studying in your hostel, and the plane falls on you. Rapes, extortion, murders are everyday happening around u. But you can't ask Questions because No one of responsible." The Aam Aadmi Party leader's remark came after the Al-171 Boeing Dreamliner 787-8 aeroplane bound for London's Gatwick crashed shortly after taking off from the Ahmedabad International Airport on Thursday. The airlines said only one out of the 242 people on board the aircraft survived the crash. The aircraft was piloted by Captain Sumeet Sabharwal, a Line Training Captain with 8,200 hours of flying experience, assisted by First Officer Clive Kundar, who had logged 1,100 flying hours. According to Air Traffic Control (ATC), the aircraft departed from Ahmedabad at 1339 IST (0809 UTC) from runway 23. It made a Mayday call to ATC, but thereafter, the aircraft did not respond to the calls. Immediately after departing Runway 23, the aircraft crashed outside the airport perimeter, and heavy black smoke began emanating from the accident site. There were 169 Indian nationals, 53 British nationals, seven Portuguese nationals, and one Canadian national on board the crashed plane, airline authorities said.

"You can't ask questions": AAP leader Saurabh Bhardwaj slams govt on Air India Plane Crash
"You can't ask questions": AAP leader Saurabh Bhardwaj slams govt on Air India Plane Crash

Canada Standard

time14-06-2025

  • Politics
  • Canada Standard

"You can't ask questions": AAP leader Saurabh Bhardwaj slams govt on Air India Plane Crash

New Delhi [India], June 14 (ANI): Aam Aadmi Party (AAP) leader Saurabh Bhardwaj on Friday launched a sharp attack on the ruling government over the growing concerns over public safety in India. He questioned, through a series of tragedies that have happened in recent months, asking for the government's accountability for rising accidents and crime incidents. In a post on X, Bhardwaj said, 'You go for a vacation in Kashmir, and terrorists shoot you point blank. You go to a Kumbh and it ends in a stampede, killing many. You go to a Railway station, you can get killed again in a stampede. You go in a flight for work/vacation, and it crashes. You are studying in your hostel, and the plane falls on you. Rapes, extortion, murders are everyday happening around u. But you can't ask Questions because No one of responsible.' The Aam Aadmi Party leader's remark came after the Al-171 Boeing Dreamliner 787-8 aeroplane bound for London's Gatwick crashed shortly after taking off from the Ahmedabad International Airport on Thursday. The airlines said only one out of the 242 people on board the aircraft survived the crash. The aircraft was piloted by Captain Sumeet Sabharwal, a Line Training Captain with 8,200 hours of flying experience, assisted by First Officer Clive Kundar, who had logged 1,100 flying hours. According to Air Traffic Control (ATC), the aircraft departed from Ahmedabad at 1339 IST (0809 UTC) from runway 23. It made a Mayday call to ATC, but thereafter, the aircraft did not respond to the calls. Immediately after departing Runway 23, the aircraft crashed outside the airport perimeter, and heavy black smoke began emanating from the accident site. There were 169 Indian nationals, 53 British nationals, seven Portuguese nationals, and one Canadian national on board the crashed plane, airline authorities said. (ANI)

"Delhi Govt helping private schools, ignoring parents," says AAP's Saurabh Bhardwaj on fee hikes
"Delhi Govt helping private schools, ignoring parents," says AAP's Saurabh Bhardwaj on fee hikes

India Gazette

time12-06-2025

  • Politics
  • India Gazette

"Delhi Govt helping private schools, ignoring parents," says AAP's Saurabh Bhardwaj on fee hikes

New Delhi [India], June12 (ANI): Aam Aadmi Party (AAP) leader Saurabh Bhardwaj on Thursday accused the Delhi government of acting under pressure from private school lobbies by introducing a school fee ordinance without any legislative scrutiny or public consultation. Addressing a press conference, Bhardwaj alleged that soon after the formation of the new government in Delhi, private schools began arbitrarily raising fees under various heads--uniforms, books, stationery, air conditioning, extra classes, and extracurricular activities--without any recourse for parents. He said the fee hike was imposed from April 1, even though the law requires prior approval from the Department of Education. 'The government has not taken action against any school nor asked them to roll back the increased fees. Instead, it quietly brought a law via ordinance without any discussion or public consultation,' Bhardwaj said. He accused the government of avoiding scrutiny by not tabling the bill in the Delhi Legislative Assembly and instead seeking Presidential assent. He further alleged that details of the ordinance were selectively leaked to only two newspapers, and the complete text had not been made public. According to Bhardwaj, the ordinance appears designed solely to protect the interests of private school owners. He also took issue with the new fee regulation mechanism introduced in the ordinance. 'The regulation committee at the school level will now decide fees. This committee comprises school insiders: three teachers, one principal, and a representative from the management, and only one parent selected through a lottery. That parent may not even know school accounts or audits,' Bhardwaj said. Bhardwaj said that it is deemed valid under the new arrangement if the committee approves a fee hike. 'There is no longer any requirement for approval from the Director of Education,' he added, terming the setup as a 'rubber stamp' for private schools. He criticised the clause that provides a penalty of Rs 50,000 only if a school charges more than the committee-approved fee. 'Why would a school demand more when the committee itself will approve the inflated fee? There will never be a penalty,' he argued. Highlighting another issue, Bhardwaj said that if parents want to appeal against a fee hike, the law requires signatures from 15 percent of all students' parents. 'For a school with 3,000 students, where will parents find 400 others with addresses and consent to file an appeal?' he asked. Calling the law anti-parent and pro-management, the AAP leader said it betrayed Delhi's middle class. He said the ordinance bypassed the Assembly even though a special session could easily have been called. 'The government is hiding behind procedural excuses and running away from debate because it knows it is working at the behest of private school owners,' Bhardwaj said during the press conference. Earlier, the Delhi Cabinet approved the School Fee Act, which regulates fee increases in all private schools across the city. Chief Minister Rekha Gupta announced that the Act would bring transparency to the fee structure of 1,677 private schools. The Chief Minister emphasised that the Act was meant to regulate fees, transparently ending arbitrary fee hikes. She claimed that previous governments had allowed fees to increase unchecked, but her government had taken steps to address the issue. The Delhi Cabinet gave its nod to the Delhi School Education Transparency in Fixation and Regulation of Fees Bill, 2025, relieving thousands of students and parents across the capital. The bill's key provisions included a three-tier committee structure to govern fee regulation. The first level comprised the School-Level Fee Regulation Committee, which included a DOE nominee, five parents selected by lottery (including two women and one SC/ST member), and school representatives. The second level consisted of the District-Level Committee, which was invoked if the first level failed to resolve the issue within 30 days. The third level included the State-Level Committee, which was to be involved if the issue remained unresolved at the district level within 30-45 days. Parents representing at least 15 per cent of a school's students were allowed to directly escalate a case to the district committee if dissatisfied. Schools violating the provisions faced penalties ranging from 1 lakh to 10 lakh for non-compliance or bypassing the process. (ANI)

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