New Delhi: The Delhi high court on Tuesday set aside a Delhi government order sealing two branches of the Apeejay School. Directing that both premises be de-sealed immediately, the court said the schools were not given a show-cause notice, or any opportunity of being heard.
Two branches of Apeejay School — Saket and Sheikh Sarai — were sealed by the Delhi government’s education department on Monday for charging hiked fees from students in violation of the directions issued by its orders. The action was taken under the Disaster Management Act, 2005, enforced in the city amid the Covid-19 pandemic.
Justice Sanjeev Sachdeva said the sealing cannot be “sustained” because the schools were not heard but did not comment on the orders of registration of an FIR.
The court said the Directorate of Education (DoE) is permitted to issue a show-cause notice to the school, which will file a response to the notice within a week. The judge said the DoE shall fix an appropriate date of hearing before the competent authority, which would pass an order in accordance with law.
While officials at the DoE refused to comment and said “they are examining the order”, the Apeejay Schools issued a statement welcoming the court’s decision. “We are following all government norms as applicable. Education should be a partnership, not an adversarial political ploy. We continue to have faith in the law, and will work closely with visionary government leaders,” the statement read.
{{/usCountry}}While officials at the DoE refused to comment and said “they are examining the order”, the Apeejay Schools issued a statement welcoming the court’s decision. “We are following all government norms as applicable. Education should be a partnership, not an adversarial political ploy. We continue to have faith in the law, and will work closely with visionary government leaders,” the statement read.
{{/usCountry}}“Since no show cause notice or opportunity of hearing was given to the petitioner schools before sealing of their premises, the impugned action of sealing cannot be sustained,” the court said in its order.
The court however, clarified, that it has neither considered nor commented upon the merits of the contentions of either party and the DoE is at liberty to take appropriate action in accordance with law, if so warranted, after granting an opportunity of hearing to the petitioners.
Appearing for the school, senior advocate HL Tikku, told the court that school has complied with all the directions issued by the DoE, however, in so far as the fee hike is concerned, the same was enhanced for the year 2019 – 2020. Since, this was not permitted by the DoE, a plea had been filed in the court which is pending adjudication.
He also contended 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 and of sealing the schools.
Following this, the court said that it is an admitted position that after April 11 and April 18, no show cause notice has given to the school to explain their position and no opportunity has been given to them to show that it had complied with the directions contained in those orders.