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

The Supreme Court on Monday declined to stay a Delhi High Court order which had allowed schools to collect annual fee from students with a 15 percent deduction on total fee due to unutilised facilities during the lockdown on account of COVID-19..A Bench of Justices AM Khanwilkar, Dinesh Maheshwari and Aniruddha Bose stated that it was not inclined to interfere with the Delhi High Court order for the time being. ."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," the Court said. .A single-judge of the Delhi High Court had, on June 1, quashed Delhi government's orders which had forbidden private unaided schools from collecting Annual Charges and Development Fees from students till physical re-opening of the schools.The High Court had ruled that schools may collect annual fees with a deduction of 15 percent, as allowed by the top court in the Indian School case, and the amount payable by students has to be paid in six monthly installments from June 10..On June 7, a Division Bench of the High Court had refused to stay the single-judge order, thereby, allowing private unaided to collect annual and development charges from students. The High Court had noted that if the government was so populist, it could help the schools with some funds.A vacation bench of Justices Rekha Palli and Amit Bansal had heard the matter..The Delhi government had then appealed to the Supreme Court against the Division Bench decision refusing stay. .Senior Advocate Vikas Singh, representing the Directorate of Education Government of NCT Delhi, insisted on staying the High Court order."Lakhs and lakhs of parents will be affected. Please don't shut me out. Only respondent has been heard and not the petitioner. It is unheard in this court. Delhi said 100 percent tuition fee school is recoverable but only annual charges etc was asked to be waived off," submitted Singh. .Senior Advocate Shyam Divan, arguing for the Action Committee Unaided Recognized Private Schools, stated that the High Court reached an independent conclusion and the Division Bench is slated to hear the matter on July 12.Divan argued that the single judge decided the case on merits and held executive decision to disallow schools from collecting fees as ultra vires. .The top court refused to interfere with the matter at this stage. .[Read live account of hearing]