Justice Anil Dev Singh Committee For Review of School Fee

461 Pages·2014·14.59 MB·English

Phone-011-23813716
Justice Anil Dev Singh Committee
For Review of School Fee
Floor, C-block, Vikas Bhawan-2,
1st
Upper Bela Road, Civil Lines, Delhi -110 054
To,
The Registrar General
Delhi High Court
New Delhi
Sub.: Delhi Abhibhavak Mahasang & Ors. Vs. Govt. of NCT of Delhi & Ors.
(Writ Petition No. 7777 of 2009)
Sir,
( 1). Please find enclosed herewith the Fifth Interim Report of the Committee
which may kindly placed before their Lordships of the Division Bench
seized of the matter. (Two Volumes)
(2). Please also find enclosed herewith the minutes of the meetings of the
Committee held from November 22, 2013 to May 05, 2014 in a separate
volume, which may also be laid before their Lordships.
Encl.: As above
A~gh
Justice (Retd.)
Chairperson
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Dr. R.K. Sharma
Member
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JUSTICE ANIL DEV SINGH COMMITTEE
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FOR REVIEW OF SCHOOL FEE
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5th Interim report
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Part 1
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(Pages 1 to 459)
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• May6, 2014
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CA J.S. Kochar Justice Anil Dev Singh (Retd.) Dr. R.K. Sharma
• Member Chairperson Member
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JUSTICE ANIL DEV SINGH COMMITTEE FOR REVIEW OF FEE HIKE
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STH INTERIM REPORT
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• INDEX
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S. No. Particulars Page no.
1. Main report with summruy 1-10
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2 . Recommendations in respect of individual schools contained in 11-459
Part 1 of the report
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3. Recommendations in respect of individual schools contained in 460-942
Part 2 of the report
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Determinations
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1. This Interim Report deals with 150 schools, out of which 26
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• schools are in Category 'A', 68 schools are in Category "B" and 56
• schools are in Category "C". The summary of recommendations of the
• Committee in respect of these schools is as follows:
• No. Of schools where the Committee has found
the fee hike to be unjustified, either partially or 54
• fully, and hence recommended the refund of
excess fee
• No. of schools where besides, fmding the fee hike
to be unjustified either partially or fully, the
• Committee also found their records to be 26
unreliable, and hence the Committee has
• recommended special inspection in addition to
refund of fee
• No. of schools whose claim for a further hike in
fee, over and above that permitted by order dated Nil
·• 11/02/2009, was found to be justified
No. of schools where the Committee found the
• records of the school to be unreliable and hence 39
has recommended special inspection to be
carried out by Director of Education
~ No. of schools where the Committee found no
• reason to interfere qua the fee hike on account of 31
the fact that the hike effected by them was not
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found to be excessive
Total 150
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2. Schools in respect of which the Committee has
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• recommended refund of fee .
• The Committee has recommended refund of fee unjustly hiked
• by 80 schools. Among them are 26 schools, where the Committee,
• besides recommending the refund, has also recommended special
• inspection to be carried out by the Director of Education.
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• In respect of 54 schools out of 80 schools, which in view of the
• Committee had unjustly hiked the fee, the Committee has found that
the hike effected by them in pursuance of the order dated
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• 11/02/2009 issued by the Director of Education was either wholly or
• partially unjustified as, either:
• (a) the schools had hiked the fee taking undue advantage of
• the aforesaid order as they had no requirement for
• additional funds since they were found not to have
implemented the recommendations of the VI Pay
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• Commission, for which purpose the schools were
• permitted to hike the fee, or
• (b) the schools had sufficient funds at their disposal out of
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which the additional burden imposed by the
• implementation of VI Pay Commission could have been
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absorbed, or the additional revenue generated on account
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of fee hike effected by the schools was more than what
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was required to fully absorb the impact of implementation
of VI Pay Commission report, or
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(c) the development fee being charged by the schools was not
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in accordance with the criteria laid down by the Duggal
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Committee which was upheld by the Hon'ble Supreme
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Court in the case of Modern School vs. Union of India &
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sec
ors. (2004) 5 583 .
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The detailed reasoning and calculations are given in the
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recommendations made in respect of each individual school which
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have been made a part of this report and are annexed herewith. The
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Committee has recommended that the unjustified or unauthorised fee
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charged by the schools be refunded by them alongwith interest @ 9%
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per annum as mandated by the decision of the Hon 'ble Delhi High
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Court in Delhi Abhibhavak Mahasangh vs. Directorate of Education &
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ors. in WP(C) 7777 of 2009. To remove any ambiguity, it is clarified
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that the recommendation for payment of interest is for the period
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commencing from the date of collection of the unjustified fee upto the
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date of refund .
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The list of these 54 schools where the Committee has
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recommended refund is as follows: -
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Ref. Name & Address of School Page
• S.N.
No . No.
1 A 29 Happy English School, Geeta Colony 11-17
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2 A 39 S.D. Saraswati Bal Mandir, Sector-22, Rohini 18-22
• 3 A 77 R.S.M. Convent School, Sagarpur 23-27
4 A 80 Satyawati Public School, Ishwar Colony 28-33
• 5 A 108 Radiant Model School, Nangal Raya 34-38
6 A 159 Biglows Public School, Krishna Nagar 39-46
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7 A 162 Surya Public School, Nangloi 47-51
• 8 B 8 Vidya Bal Bhawan, Mayur Vihar-III 52-59
9 B 13 Lovely Rose Public School, Yamuna Vihar 60-66
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B 67 67-79
10 Shadley Public School, Rajouri Garden
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Dharam Deep Sec. Public School, Adhyapak 80-86
11 B 72
Nagar
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12 B 93 Gyan Sagar Public School, Palam Colony 87-93
• 13 B 94 Indraprastha International School, Dwarka 94-114
14 B 99 Golden Valley Sr. Sec. Public School, Najafgarh 115-119
• 15 B 112 Jain Happy School, S. Bhagat Singh Marg 120-126
B.V.M. Model Sr. Sec. School, Rajiv Nagar, 127-132
• 16 B 123
Begum Pur
17 B 135 The Adarsh Model School, Uttam Nagar 133-139
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18 B 140 Nav Gian Deep Public School, Vijay Enclave 140-145
• 19 B 141 Sardar Patel Vidyalaya, Lodhi Estate 146-167
20 B 168 Happy Senior School, Kirti Nagar 168-175
•• B.S.M. Public School, Baljit Vihar Extension, 176-183
21 B 170
Nithari
• 22 B 174 St. John Public School, Khera Khurd 184-192
23 B 183 Bharat Shakti Public School, Krishan Vihar 193-199
• 24 B 208 Capital Model School, Mukerjee Park 200-205
25 B 210 Century Public School, Bijwasan 206-210
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26 B 214 J. M. International School, Sect.-6, Dwarka 211-218
27 B 216 Tagore Public School, Naraina Vihar 219-230
28 B 232 Jagannath International School, Pitampura 231-237
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• 29 B 233 Nav Bharti Public School, Pitampura 238-244
30 B 238 The Adarsh School, Kirti Nagar 245-250
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31 B 239 S.D. Public School, East Patel Nagar 251-260
32 B 241 Prag Bharti Model School, Nangloi 261-266
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33 B 242 Modern Child Public Sr. Sec. School, Nangloi 267-276
• 34 B 252 Bal Vidya Model School, Nangloi 277-283
35 B 256 Happy Cambridge School, Uttam Nagar 284-291
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36 B 257 M. B. D. Arya Model School, Suraj Vihar 292-298
37 B 267 Bhardwaj Model School, Nihal Vihar 299-305
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Siddhartha International Public School, East of 306-329
38 B 278
• Loni Road
Mother Khazani Convent School, Village 330-336
39 B 291
• Mungeshpur
40 B 361 Banyan Tree School, Lodhi Institutional Area 337-353
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41 B 618 Mount Carmel School, Anand Niketan 354-375
42 c 93 Chhotu Ram Public School, Bakhtawarpur 376-380
• 43 c 292 Delhi International School, Sector-3, Rohini 381-389
• 44 c 339 God's Grace School, Okhla Embankment 390-398
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45 347 S.N. Modern School, New Ashok Nagar 399-405
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• 46 351 Homely Public School, Shakarpur 406-411
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47 355 Bhai Lalo Public School, Geeta Colony 412-417
• c Anglo Indian Public School, Gharoli, Mayur 418-422
48 376
Vihar-III
• 49 c 379 Sardar Patel Modern School, Mayur Vihar 423-430
c Bharat National Public School, Ram Vihar, 431-438
• 50 381
Karkardooma
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51 394 Rajdhani Public School, East Vinod Nagar 439-443
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399 444-449
52 Yog Bharti Public School, New Ashok Nagar
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53 401 Panchsheel Public School, ·Ekta Vihar (Jhilmil) 450-454
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• 54 422 Shishu Bharti Vidyalaya, Gandhi Nagar 455-459
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3. In respect of the remaining 26 schools, the Committee found
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that the schools had increased the fee in pursuance of the order dated
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11/02/2009 of the Director of Education but had not implemented
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the VI Pay Commission Report. At the same time, the financials of the
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schools did not inspire any confidence for a variety of reasons, which
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have been discussed in the recommendations in respect of each
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school separately. In some cases, the schools did not produce the
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required records for examination by the Committee but the fee
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schedules and staff statements filed by the schools as part of their
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returns under Rule 180 of the Delhi School Education Rules, 1973
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showed that they had hiked the fee in pursuance of order dt .
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11.02.2009 of the Director of Education, without implementing the
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recommendations of the 6th Pay Commission report. As such the
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Committee has not only recommended the refund of the fee hiked
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• along with interest @ 9% per annum but has also recommended
special inspection of the schools to be carried out by the Director of
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• Education. The recommendations of the individual schools have been
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made a part of this report and are annexed herewith. The list of the
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aforesaid 26 schools is given below: -
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Ref. Name & Address of School
S.N. Page No.
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Maharshi Dayanand Public School, Rajouri
1 A 35 460-465
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Mukhram Bohoria Saraswati Bal Mandir,
2 A 78 466-471
• Jhatikara More
Indira Public School, Vill. Nangli
3 A 79 472-475
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Sakrawati,N~afgarh
Ekta Model Sec. School, Dharampura
4 A 81 476-480
• Extn., Nangloi
Kushal Public School, Bhagwati Vihar,
• 5 A 92 481-485
Uttam Nagar
Parag Jyoti Public School, Shiv Vihar,
6 A 115 486-490
• Karala
7 A 131 Vidya Jain Public School, Sector-6, Rohini 491-497
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8 A 154 Deen Bandhu Public School, Ghevra 498-503
J.S.S. Khalsa Model School, Budh Vihar
• 9 A 156 504-508
Phase-I
R.M. Navyug Vidya Mandir, Sri Nagar,
• 10 A 157 509-513
Shakur Basti
Little Star Public Secondary School, New
• 11 B 14 514-519
Chauhanp ur
• 12 B 104 Tinu Public School, Sangam Vihar 520-526
13 B 284 Hindon Public Sec. School, Harsh Vihar 527-533
• Chand Ram Public School, Nangal
14 B 288 534-540
Thakran
• 15 B 289 K.D. Model School, Bawana Road 541-545
16 B 454 St. Kabir Modem School, Nilothi 546-551
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17 B 466 Saraswati Shiksha Mandir, Dwarka 552-556
• 18 B 528 Dharam Dev Tyagi Public School, Burari 557-561
19 B 592 Indian Convent School, Rohini 562-566
• New Manav Bharti Public School,
20 B 594 567-572
Najafgarh
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• 21 84 Glorious Public School, Sector-9, Rohini 573-580
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22 213 Shishu Bharti Vidyalaya, Laxmi Nagar 581-586
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23 308 Nav Jeewan Model School, Vishnu Garden 587-594
• c Guru Ram Dass Middle School, Tagore
24 332 595-599
Garden
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• 25 369 Saraswati Public School, Milap Nagar 600-605
c St. Paul's East Delhi Public School, West
26 400 606-611
• Vinod Nagar
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4 . Schools in respect of which the Committee has not been
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able to take a view:
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In respect of 39 schools, the Committee has not been able to
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take a categorical view as, in the case of some schools, complete
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records were not produced by them for examination by the Committee
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and in the case of others, the records produced did not inspire any
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confidence for reasons which are discussed in the case of each
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individual school. In some cases, the Committee received the report
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from the Directorate of Education that some schools had simply shut
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shop without prior approval from the Directorate, while in some other
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cases, the report was that the schools had not been filing their annual
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returns under Rule 180 of the Delhi School Education Rules, 1973 .
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_. In some cases, the schools did not produce any records for scrutiny by
the Committee while in some other cases, the records produced
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appeared to have been fabricated. Since, the Committee does not have
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any power to compel the schools to comply with its directions, the
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Committee has recommended special inspection to be carried out .Qy
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the Director of Education. The recommendations of the Committee in
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respect of these schools have been made a part of this report and are
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annexed herewith. The list of these 39 schools is as given below: -
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Ref. Name & Address of School
• S.N. Page No.
No .
• 1 A 118 Rohini Public School, Sector-7, Rohini 612-616
Jyoti Paro Public School, Kavita Colony,
2 A 119 617-620
Nangloi
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3 A 128 Hind Bal Mandir Sec. School, Najafgarh 621-624
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