Late fee cant be more than 5ps a day - Delhi High Court orders

IN THE HIGH COURT OF DELHI AT NEW DELHI

 

W.P.(C) 12223/2009

RAKESH YADAV ..... Petitioner

Through : Mr. Ashok Agarwal and Mr. Yogesh Chandra, Advs.

versus

RAMJAS SCHOOL AND ORS ..... Respondents

Through : Mr. Sanjay Sharma, Adv. for respondent nos.1 and 2/Ramjas School.

Mr. Shoaib Haider, Adv. for Mr. N. Waziri, Adv. for respondent no.2/GNCTD.

Mr. B.S. Meet, DEO, West A, Director of Education, GNCTD.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI

O R D E R

11.02.2010

1. Grievance of the petitioner is that respondents no.1 and 2 has been charging late fee @ Rs.10/-, per day, which is illegal, arbitrary, unjust and in violation of Rule 166 of Delhi School Education Rules, 1973, framed under Delhi School Education Act, 1973.

2. Learned counsel for respondent no.3/Directorate of Education, has handed over in Court a communication dated 16.10.2009 addressed by the Education Officer, Zone 16, to the Manager, Ramjas School (respondent no.1) wherein the school has been informed that as per Rule 166 only 5 paisa, per day, can be charged as late fee.

Counsel for respondent no.3 further submits that the writ petition will be treated as a representation and necessary orders will be passed after giving due opportunity of hearing to the petitioner as well as respondents no.1 and 2 expeditiously.  Respondent no.3 shall be bound by the statement made by their counsel in Court today.

3. Learned counsel for respondents no.1 and 2 Ramjas School submits that till the representation of the petitioner is decided Delhi School Education Act and Rules shall be followed with regard to charge of late fee.

4. In view of the stand taken by learned counsel for the parties, nothing further survives in the present writ petition, the same is accordingly disposed of in above terms.

G.S. SISTANI, J.

February 11, 2010

 

W.P.(C) 12223/2009 2/2