Thread by @barandbench

#SupremeCourt hears an appeal challenging the Delhi HC order which allowed schools to collect annual fee from students with a 15% deduction on total fee due to unutilised facilities during the lockdown on account of COVID19

Sr Adv Shyam Divan: HC took guidance and gave benefits to students and parents. It reached an independent conclusion. Division bench will hear it on July 12. Single judge decided the case on merits and held executive decision as ultra vires

Divan: It took input from your earlier order which directed for a 15 percent deduction but this was something which was ought to be decided under Article 226 which the learned judge did

Sr Neeraj Kishan Kaul: We are agreeable to the division bench hearing it

Singh: I am only on the question of stay

Justice Khanwilkar: its between private school and student, how is state involved?

Sr Adv Singh: Delhi said 100 percent tuition fee school is recoverable but only annual charges etc was asked to be waived off

Justice Khanwilkar: Rajasthan case was not only decided on the basis of Disaster Management Act

SC: We are dismissing the SLP

Justice Khanwilkar: you argue before the division bench. State is not concerned here

Singh: lakhs and lakhs of parents will be affected. Please don't shut be out. Only respondent has been heard and not the petitioner. it is unheard in this court

Singh refers to the Rajasthan school fees judgment decided by the top court.
#supremecourt

Singh : there should be a stay, i am confining to that prayer. They straightaway applied the Rajasthan judgment mutatis mutandis.

SC: There is no question of harassment.

Singh: I have permitted tuition fee. What I’ve not permitted is annual charges. Please look into this

Singh: full tuition fee to be recovered

Justice Khanwilkar: we are not inclined

Justice Khanwikar: considering that division bench is hearing the matter on July 12. All contentions remain open and be raised before division bench dismissal of the petition does not reflect upon merits of the case.

#supremecourt

[COVID-19] Delhi private schools can continue to charge development, annual fees after Supreme Court refuses stay on Delhi High Court order

report by @DebayonRoy

#SupremeCourtofIndia #delhilockdown #SchoolFees

Read more here: bityl.co/7Ybx