Delhi HC declines to entertain plea seeking waiver of school fees | WeForNews | Latest News, Blogs Delhi HC declines to entertain plea seeking waiver of school fees – WeForNews | Latest News, Blogs
Connect with us

India

Delhi HC declines to entertain plea seeking waiver of school fees

Published

on

Delhi High Court

The Delhi High Court on Tuesday refused to entertain a PIL seeking waiver of tuition fees charged by schools for the month of August amid the coronavirus pandemic.

A division bench of the court presided by Chief Justice D.N. Patel and Justice Prateek Jalan refused to entertain the petition after noting that another Public Interest Litigation (PIL) with similar prayers was dismissed by the court earlier.

“This is clear misconduct of the court proceedings,” said the two-judge bench while expressing displeasure over not being appraised about the said dismissal. Following which the petitioner and counsel N. Pradeep Sharma sought withdrawal of the said petition and also tendered an apology.

The petition filed by Naresh Kumar while citing the interpretation of the force majeure clause in the present pandemic situation and sought waiver of the school fees.

It is a contractual provision allocating the risk of loss if performance becomes impossible or impracticable, especially as a result of an event that the parties could not have anticipated or controlled. A force majeure clause provides temporary reprieve to a party from performing its obligations under a contract upon occurrence of a force majeure event.

The petition states that the impact of the deadly coronavirus is developing day by day and supply chains are being significantly disrupted and businesses’ rights and obligations under contracts are coming into sharp focus.

“The students are facing several side effects and such online classes offered by schools have other medical and psychological implications which is against the concept of school education,” the plea said while adding that private school administrations have been demanding school fees and other charges without rendering any services.

It further said that the school admission form does not have any clause that in case of an adverse situation, the school would charge tuition fees for providing online classes. “The schools are duty-bound to follow and abide by the terms and conditions which are a part of school prospectus and if there is no force majeure clause in the school prospectus, demanding of tuition fee, without providing the actual education, is a violation of law in terms of a contract and also against the principle of natural justice,” the petitioner said.

“Some homework and class tests are required to be undertaken under the guidance of trained teachers so as to achieve, through the online way of teaching. It would be important to mention that private schools are either being run by the societies or trusts and are not doing any social service to society. Even otherwise, the school is a service provider and thus is covered under the Consumer Act also,” the plea said.

In April this year, the high court dismissed a petition seeking complete exemption from payment of any fees, including tuition fee, to schools during the period of lockdown (Naresh Kumar vs DoE).

Rejecting the plea, a division bench of the high court presided by Chief Justice Patel and Justice Jalan had then stated, “We cannot agree that during the period of lockdown, or during the period when online education is being provided by the schools, and availed of by students, tuition fees should be exempted.”

“So long as schools are disseminating education online, they are certainly entitled to charge tuition fees,” the bench had remarked while rejecting the contention of the petitioner that no tuition fee could be charged as the schools are “closed”.

India

Sonia Gandhi, Son Rahul Return From US After Her Medical Check-Up: Reports

Sources had said her medical check-up was overdue and was delayed due to the coronavirus pandemic.

Published

on

By

Sonia Gandhi and Rahul

New Delhi: Congress President Sonia Gandhi and her son Rahul Gandhi returned from abroad early today, sources said.

Mrs Gandhi, 73, had gone to the United States for her routine medical check-up on September 12, two days ahead of the Monsoon session of Parliament. Rahul Gandhi had accompanied her during the visit.

Sources had said her medical check-up was overdue and was delayed due to the coronavirus pandemic.

Sonia Gandhi had cleared the Congress’ organisational restructuring before leaving for the US.

Continue Reading

India

After military talks, India and China announce slew of decisions to bring down tensions in eastern Ladakh

The decisions were mentioned in a joint statement issued by the two armies late Tuesday, a day after the sixth round of Sino-India Corps commander-level talks that lasted for 14-hours.

Published

on

china india flag

New Delhi: Announcing a slew of decisions to bring down tensions in eastern Ladakh, the Indian and Chinese army have decided to stop sending more troops to the frontline, refrain from unilaterally changing the situation on the ground, and avoid taking any actions that may further complicate the environment.

The decisions were mentioned in a joint statement issued by the two armies late Tuesday, a day after the sixth round of Sino-India Corps commander-level talks that lasted for 14-hours.

The two armies also agreed to strengthen communication on the ground, avoid misunderstandings and misjudgments and earnestly implement the important consensus reached by the leaders of the two countries.

“The two sides had candid and in-depth exchange of views on stabilising the situation along the Line of Actual Control (LAC) in the India-China border areas,” said the statement released by the Indian Army.

It said the two sides also agreed to take practical measures to properly solve problems on the ground, and jointly safeguard peace and tranquillity in the border areas.

It said both sides also resolved to hold the 7th round of military commander talks as soon as possible.

“They agreed to earnestly implement the important consensus reached by the leaders of the two countries, strengthen communication on the ground, avoid misunderstandings and misjudgments, stop sending more troops to the frontline, refrain from unilaterally changing the situation on the ground, and avoid taking any actions that may complicate the situation,” the statement said.

Continue Reading

India

Lok Sabha passes Jammu and Kashmir Official Languages Bill, 2020

As per the Bill, Kashmiri will be the official language along with four other languages — Dogri, Hindi, Urdu and English.

Published

on

Lok Sabha

New Delhi: The Lok Sabha on Tuesday passed the Jammu and Kashmir Official Languages Bill, 2020 with voice vote, allowing Kashmiri, Dogri and Hindi, apart from the existing Urdu and English, to be official languages in the Union Territory of Jammu and Kashmir.

Speaking on the Bill, Union Minister of State for Home G. Kishan Reddy said that it was a demand of the people of Jammu and Kashmir that the languages they speak should be official languages of the UT.

Since 53.26 per cent of people in Jammu and Kashmir speak Kashmiri, there was a need to include it as the official language of the state, he said.

The minister added that people in Jammu and Kashmir speak as well as write Kashmiri, so there is no problem in including it as an official language.

As per the Bill, Kashmiri will be the official language along with four other languages — Dogri, Hindi, Urdu and English.

Reddy said that 26.64 per cent of the people in the UT speak Dogri, while Urdu, which is currently an official language, is spoken only by 0.16 per cent the population.

The minister said while the government is not against any regional language, the Bill gives importance to those 70 per cent people who speak Kashmiri and Dogri in the UT.

For the last 70 years, Urdu has been the official language of Jammu and Kashmir, he said, adding that 2.36 per cent of the population in the UT speaks Hindi.

Opposing the Bill, Hasnain Masoodi of National Conference said the Central government did not have the legislative competence to frame a Bill in this regard.

He said it is not a fact that only 0.16 per cent of the population in J&K speaks Urdu which is a link language between the Jammu region and the Kashmir Valley.

Masoodi asked that if only 0.16 per cent people in the UT speak Urdu, why would the government include it as an official language. No other state has five official languages, he added.

Participating in the discussion, Union minister Jitendra Singh said that he was surprised as the National Conference is opposing the inclusion of Kashmiri as an official language because his party ruled in the region for almost 60 years on the name of “Kashmiriat”.

“You have exposed yourself in front of Kashmiris by going against the language,” he said.

The Bill was later passed by a voice vote with Masoodi as the only Opposition member who objected to the draft legislation.

Union Home Minister Amit Shah later said in a tweet that it was a momentous day for the people of Jammu and Kashmir. “With this historic Bill…Long-awaited dream of the people of J&K comes true! Kahmiri, Dogri, Urdu, Hindi and English will now be the official languages of J&K.”

Under the Bill, Shah said that special efforts will be made for the development of major regional languages like Gojri, Pahari and Punjabi.

Along with this, the Bill will also strengthen the existing institutional structure for the promotion and development of regional languages.

Lauding the efforts of Prime Minister Narendra Modi for his commitment towards restoring the culture of Jammu and Kashmir through this Bill, Shah said that he wants to assure his sisters and brothers in Jammu and Kashmir that the Modi government will leave no stone unturned to bring back the glory of the erstwhile state.

Continue Reading
Advertisement

Most Popular

Corona Virus (COVID-19) Live Data

COVID-19 affects different people in different ways. Most infected people will develop mild to moderate illness and recover without hospitalization.