Delhi High Court rejects PIL to stop private school from charging fees for AC

The Delhi High Court recently dismissed a public interest litigation (PIL) petition seeking directions to the Delhi government’s education department to stop a private school from charging fee for providing air condition (AC) facility in classrooms to students [Manish Goel v Govt of NCT of Delhi & Ors]..A Division Bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora rejected the plea,m observing that the costs of AC services provided to the children in school have to be borne by parents because it is no different from other charges such as lab fee and smart class fee levied by school.“The parents while selecting the School have to be mindful of the facilities and the cost of the facilities provided to the children in the School. The financial burden of providing such facilities cannot be fastened on the school management alone,” the Court said.It further noted that the Department of Education (DoE) is seized of the matter and is awaiting the action taken report.“We are therefore, not inclined to entertain the present PIL and the same is dismissed,” the Bench ordered.The PIL was filed by one Manish Goel stating that a private school in Delhi, where his child was studying, was charging a sum of ₹2,000 per month towards AC facility.Goel argued that the obligation to provide AC to the students rests with the school management and this facility should be provided by the school from its own funds and resources.The DoE told the Court that it is examining the issue and an action taken report has been called for based on several complaints..The Bench considered the submissions and concluded that the plea was not maintainable.“The Annexure P-2 filed with this petition is the Fee Receipt issued by Respondent No. 5 School for the session 2023-24 and it duly records the entry of charges for air-conditioner. There is thus, a presumption that the said charges have 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 is being provided to the students in the classrooms, prima facie, there is no irregularity in the charge levied by the School,” it said..Advocates MK Gahlaut and Varun Jain appeared for petitioner Manish Goel.Delhi government’s Additional Standing Counsel (ASC) Prashant Manchanda along with advocate Nancy Shah represented the Department of Education.Advocate Sahaj Garg represented the Union of India. .[Read Judgment]