Delhi HC orders de-sealing of two branches of private school
May 05, 2020
New Delhi [India], May 5 : Delhi High Court has ordered to de-seal the premises of two APEEJAY School branches -- in Sheikh Sarai and Saket -- which were sealed by the Delhi government on Monday for alleged violation of fee norms.
The High Court on Tuesday decided to set aside the orders dated May 1 and May 4 related to sealing of the school premises and ordered that the Directorate of Education shall de-seal the premises of the petitioner forthwith.
Delhi government had on May 4 ordered the sealing of two branches of the private school over violation of fee norms during the COVID-19 lockdown and lodged an FIR against the management or operating heads of the schools.
Counsel representing schools while arguing on Tuesday submitted that no show cause notice or an opportunity of hearing was granted to the petitioners prior to the passing of the order of sealing of the school premises.
Justice Sanjeev Sachdeva after concluding the arguments stated, "Directorate of Education is permitted to issue a show cause notice to the schools. School management shall file a response to the show cause notice within one week. The Directorate of Education shall thereafter fix an appropriate date of hearing before the competent authority i.e. the Directorate of Education or his nominee. Directorate of Education/his nominee shall pass a speaking order after the hearing in accordance with law."
The High Court also clarified that this Court has neither considered nor commented upon the merits of the contentions of either party and the Directorate of Education would be at liberty to take appropriate action in accordance with law, if so warranted, after granting an opportunity of hearing to the schools.
It further clarified that the Court has neither considered nor commented upon the merits of the direction of respondents with regard to registration of FIR against the petitioner school. In case any criminal action is initiated by the DoE, school would be entitled to defend the same in accordance with law.
Delhi Education Minister Manish Sisodia today tweeted that the school first sent fake emails in the name of the Department of Education to increase the fees and then also increased it by telling the parents that government has approved it. Therefore, an FIR has been lodged and the school has been sealed.
AAP MLA Saurabh Bhardwaj also tweeted on Monday, "APEEJAY school had been violating all kinds of norms of healthy education system. Inspite of audits showing crores of surplus money in accounts, it was illegally arm twisting parents for higher fee. Today two of its schools have been sealed."
