The Delhi High Court refused to entertain a public interest litigation, which sought directions to the Delhi government’s Education department to stop a private school from charging fees for providing air conditioning (AC) facilities in classrooms to students.
The order was recently passed by the Division Bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora.
The Division Bench observed that while selecting a school, the parents should be mindful of the facilities and the cost of such facilities provided to their children. The financial burden of providing such facilities cannot be fastened on the school management alone.
The High Court further took into consideration the fact that the Department of Education (DoE) was seized of the matter and was awaiting the action taken report.
Filed by Manish Goel, the PIL contended that a private school in Delhi, where his child was studying, was charging a sum of Rs 2,000 per month towards the AC facility.
The petitioner argued that the obligation to provide AC to the students rested with the school management and this facility should be provided by the school from its own funds and resources.
The DoE apprised the High Court that it was examining the issue and an action taken report has been called for based on several complaints.
Considering the submissions, the High Court noted that the plea was not maintainable and dismissed the same.
It said the Annexure P-2 filed with this petition was the Fee Receipt issued by Respondent No. 5 School for the session 2023-24, which duly recorded the entry of charges for the air conditioner. Thus, there was a presumption that the said charges had been raised after apprising the DoE of the fee and charge schedule.
In view of the admission of the petitioner that the facility of air conditioning was being provided to the students in the classrooms, prima facie, there was no irregularity in the charge levied by the school, noted the Division Bench.
the petitioner was represented by Advocates MK Gahlaut and Varun Jain.
Additional Standing Counsel (ASC) of the Delhi government, Advocate Prashant Manchanda, along with Advocate Nancy Shah, appeared for the Department of Education.
Advocate Sahaj Garg represented the Union of India.