HC says no FAR charges for action aided schools

New Delhi: The Delhi High Court on Friday allowed 300 schools run by the Action Committee Unaided Recognised Private Schools society to run their operations at the

New Delhi: The Delhi High Court on Friday allowed 300 schools run by the Action Committee Unaided Recognised Private Schools society to run their operations at the senior secondary level without having to pay any additional charges to the Delhi Development Authority (DDA), whether by way of Floor Area Ratio (FAR) charges or otherwise.

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Justice C Hari Shankar directed the DDA to modify lease deeds, executed with the society, to the said effect. It, however, clarified that the right of the societies to run their institutions at the senior secondary level would not be conditional or dependent, upon such modifications.

The move, affecting around 300 schools in the national capital, came after the society had moved to the Delhi High Court challenging the move of the DDA seeking additional FAR charges from primary and middle schools who, consequent to the modified recognition granted by the Directorate of Education (DoE) and the Central Board of Secondary Education (CBSE), are functioning at the senior secondary level.

While stating that no additional charges would be taken, the court added, “It is hoped, fondly, that in future cases, statutory authorities such as the DDA, the DoE and the CBSE would avoid adopting conflicting stands, with respect to the functioning of educational institutions so that in the ultimate analysis, the right to education is in a position to prosper and thrive.”

“One must bear in mind the fact that, at the end of the day, the voiceless students are the ones who are sacrificed, in the tussle between the bureaucracy and the educational institutions. In a welfare state, such as ours, this in unthinkable,” the judge added.

Appearing for the society, its senior advocate Amit Sibal and advocate Kamal Gupta had said that despite clear instructions having been circulated by the DDA allowing such upgradation, subject to the schools having the requisite land area, the DDA is not justified for seeking additional charges.

The court said the DDA stand was “completely unreasonable” and amounted to “an attempt to take away with the left hand that which is given with the right”.

“We will have to get details and then decide. However, we support education and if this helps in providing affordable education, the DDA may consider accepting,” said a DDA official.