Full Text
HIGH COURT OF DELHI
Date of Decision: 7th August, 2020
MASTER VIPUL YADAV & ANR. ..... Petitioners
Through: Mr. Khagesh B. Jha & Ms. Shikha Sharma, Advocates
Through: Mr. Kamal Gupta, Advocates for R- 1&2 (M-9810988094)
Mr. Santosh Kumar Tripathi, ASC for DoE Mr. Ashwini Kumar Singh, Advocate for R-4
JUDGMENT
1. This hearing has been held through video-conferencing.
2. This contempt petition has been filed by two minor children through their father. The Petitioners i.e., the children are students of Richmond Global School, Mianwali Nagar, Paschim Vihar, New Delhi (hereinafter ‘School’), studying in class 5 and class 7.
3. They had earlier filed a writ petition being W.P.(C) 4402/2020 in which the allegation was that the School had hiked its fee without any basis. In the said writ petition, order dated 21st July, 2020 was passed wherein the following directions were issued:
4. The writ petition was kept pending and is now stated to be listed on 8th September, 2020.
5. The present contempt petition was filed on the ground that despite notice being served and the order being served on the e-mail of the School, the Petitioners were not allowed to access the online classes. The outstanding fees due from the Petitioners was also not communicated to them. Notice was issued in the contempt petition to the Principal and Chairman of the school through the SHO of the concerned area and the matter is listed today.
6. Mr. Kamal Gupta, ld. counsel appears for the school along with the Principal – Ms. T. Shrivastava. At the outset, Ms. Shrivastava expresses her regret on the non-compliance of order dated 31st July, 2020. The justification given by the School is that the current Principal assumed charge on 14th May, 2020, however, on 30th May, 2020 she moved to Kolkata due to her father’s illness. Her father passed away on 6th June, 2020. It is further submitted that the Private Secretary to the Principal had also resigned in March, 2020 and due to the lockdown, a new Private Secretary had not been appointed. When the new Private Secretary was appointed, the college email was restored and it was only then that the Principal came to know about the order of this Court.
7. It is submitted that as of 2nd August, 2020, both students have been given the link for their online classes and other activities. The outstanding fees has also been communicated to the Petitioners and the same has in fact been deposited as of yesterday.
8. After hearing the submissions of the parties, there appears to be a clear lapse by the School in not accessing their e-mails during this entire period and not complying with the order passed by this Court. However, since the Principal has suffered a personal tragedy, the contempt against the Principal and the Chairman is discharged. Further considering that the Petitioners were forced to litigate, initially by filing a writ petition and thereafter a contempt petition, the School shall waive one months’ tuition fee of the Petitioners.
9. If the students have missed any examinations or class tests, etc. the School shall make appropriate arrangements for the students to take reexaminations or re-tests so that they do not suffer in any manner. All the course material as supplied to other students shall also be supplied to the Petitioners within a period of one week.
10. The contempt petition is disposed of with the above directions. All pending applications are also disposed of.
PRATHIBA M. SINGH JUDGE AUGUST 07, 2020 Rahul/T