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HC directs Delhi govt. to take action on excessive late fee complaint

May 01, 2022 11:43 pm | Updated May 02, 2022 12:51 pm IST - NEW DELHI

In his petition, the father of two said despite being fully aware of the law, the private school stated that “a late fee of Rs 50 per day will be levied after the due date.”

A view of Delhi High Court, in New Delhi. | Photo Credit: Sushil Kumar Verma

The High Court has directed the Delhi government to take a decision on a complaint against a private school for allegedly charging an excessive fine on delayed payment of tuition fees within six weeks.

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Hearing a petition by Ajay Aggarwal, father of two students studying in classes 12 and 8 in the school, Justice Rekha Palli directed the Department of Education to decide the petitioner’s complaint by passing a “reasoned and speaking” order in accordance with the laid down procedure and principles of natural justice.

In case the petitioner is aggrieved by any order passed by the authorities, Mr. Aggarwal could seek legal recourse as permissible in law, the judge said.

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The counsel for the Delhi government told the court that the authorities will examine the petitioner’s complaint and expeditiously pass an order.

Mr. Aggarwal claimed that the private school in question indulged in “unethical practices”, including levying excessive late fines on delayed payment of tuition fees, which was in utter violation of the Delhi School Education Rules (DSER).

In his petition, the father of two said despite being fully aware of the law, the private school stated that “a late fee of Rs 50 per day [including Saturdays, Sundays and holidays] will be levied after the due date.”

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“That the misdeeds of the respondent no.3 in levying late fee fine of more than 5 paise per day is not only in violation of Rule 166 of the DSER, 1973 but is also tantamount to exploitation of parents and commercialisation of education which is impermissible in law,” stated the petition.

He said that levying late fee fine of “more than 5 paise per day is not only in violation of Rule 166 of the DSER, 1973 but is also tantamount to the exploitation of parents and commercialisation of education which is not permissible in law.”

Mr. Aggarwal added that he had made representations and complaints to various authorities but no action was taken.

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