Full Text
W.P.(C) 1954/2017
SUNIL POKHRIYAL .....Petitioner
Through: Mr.Sumit Handa With Mr.Hasibuddin and
Mr.Sanjay K.Sharma, Advs.
Through: Mr.Dewrat, Adv. for R-l.
; , ; Mr.Kirti Uppal, Sr.Adv. with Mr.B.C. Pandey and
Mr.S.P. Kamrah, Advs. for R-3. -
HON'BLE MS. JUSTICE ANU MALHOTRA
02.05.2017 ,1. The petitioner has drawn our attention towards commercial activities being carried out in schools, which are recognized by the
Directorate of Education, Govt. of NCT of Delhi under Delhi
Education Act, 1973 and are affiliated to the Central Board of
Secondary Education Bye-Laws. It is the petitioner who has placed reliance on two Circulars issued by the Central Board of
Secondary Education (hereinafter 'CBSE'). We. extract firstly the
Circular No.02 dated 21.02.2011 which is reproduced hereunder:
W.P.(C) 1954of2017 Page 1 of9 2017:DHC:8160-DB
-f "CENTRAL BOARD OF SECONDARY EDUCATION 2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110092.
CBSE/AFF./CIRCULAR/2011 CIRCULAR NO. 02
DATED: 21"February,2011 All the Heads ofthe Institutions
Affiliated to the CBSE Subject: Adherence of Rules of Affiliation Bye-Laws in establishins and runnins of Educational
Institutions.
Dear Principal, It has been observed recently that there is a growing tendency among some of the Institutions to gain profit by imparting education.
The Management ofthe school has a critical and key role to play in providing a good and healthy climate to the. school to fulfil its aim and objects, to enable the staff provide quality education and to be a centre for educational excellence. As envisaged in the Affiliation
Bye-Laws of CBSE the Management of an affiliated school should ensure fulfillment of all the norms of the
Board and to run the school as a community service and
-j not as a business and that commercialization does not take place in the school in any shape whatsoever.
The Society and Head of the Institution should ensure proper functioning of the School Managing Committee and see that the funds accruingfrom the school are spent for the benefit ofthe school andfor its expansion alone.
The fee charged from , the students should be commensurate with the facilities provided by the institution. and the following norms prescribed in the
Affiliation Bye-Laws ofthe CBSE strictly be adhered to. i. Fees should normally be charged under the heads
W.P. (C) 1954 of2017 Page 2 of9
•6 prescribed by the Department ofEducation of the
State/U.T. for schools of different categories. No capitation fee or voluntary donations for gaining admission in the school or for any other purpose should be charged or collected in the name ofthe school. a. In case a student leaves the school for such compulsion as transfer of parents or for health reason or in case of death of the student before completion of the session, prorata return of quarterly/term/annualfees should be made.
Hi. The unaided school should consultparents through parents representatives before revisirig the fees.
The fee should not be revised during the mid session. iv. The Society or Trust running the school should invariably consult the School Managing Committee for review offees or other annual charges.
V., All the receipts and payments made by the school should be properly accounted and the annual audited accounts should be regularlyfiled with the
Board every year. vi. The premises of the school should not be usedfor any commercial activity and.no commercial shops for sale of books, uniforms etc. be operated within the school campus.
Though, there is a need for the School Management to generate sufficient financial resources to guarantee the continued existence of the institution to meet the running expenses of the school to maintain it at a reasonable standard of efficiency, to pay salaries to teachers and other categories ofstaffregularly at least at par with the corresponding categories in the State Government
Schools and to undertake improvement/development of school facilities etc. but the School Management should not make profit out of it. In case ofinstitutions which are in the receipt of grant-in-aid from the State
Government/U.T the permanent source of income shall
W.P. (C) 1954 of2017 Page 3 of9 include the amount of grant-in-aid and such institutions while preparing annual budget should also take into account the same.
Any violation ofabove provisions will be viewed seriously and can lead to disaffiliation of the school by the Board.
Therefore, all concerned are requested to strictly adhere with the norms of the CBSE in running educational institutions affiliated with the Board.
Sd/- (Vineet Joshi) Chairman"
ORDER
2. It is submitted that another Circular was followed by subsequent No.02/2016 dated 03.06.2016, which modified the previous Circular and is reproduced hereunder: "CENTRAL BOARD OF SECONDARYEDUCATION (An Autonomous Organisation under the Union Ministry ofHuman Resource Development Govt. ofIndia) "SHIKSHA KENDRA", 2, COMMUNITY CENTRE, PREET VIHAR, DELHI— 110 301 REGD./SPEED POST CIRCULAR NO. 02/2016 CBSE/AFF./CIRCULAR/2016 DATED: 03/06/2016 ALL THE HEADS AND MANAGERS OF INSTITUTIONS AFFILIATED TO CBSE SUBJECT: ADHERENCE TO RULES OF AFFILIATION OF CBSE CONCERNING TUITION FEES Dear Sir/Madam, The CBSE through its various advisories (Circular No. 01 dated 29.7.2009, Circular No. 2 dated 21.02.2011, Circular No. 20/2014 dated 06.02.2014 has directed schools to follow the provisions concerning tuition fees W.P. (C) 1954 of2017 Page 4 of[9] r mentioned in Affiliation Byelaws of the Board as schools are expected toprovide good and healthy environmentfor quality education without burden on child/parents as schools should run as community service and not as a business. It has been observed recently that there is a growing tendency among some of the institutions to gain profit by imparting education and subsequently raising fees under various heads. As per reports receivedfrom various stakeholders, a large number of CBSE Schools are not adhering to theprovisions concerning tuitionfees laid down in the Affiliation Bye-Laws ofthe Board which are mandatory in nature. The Ministry of HRD has taken a serious view on these lapses affecting students and parents and therefore, attention ofManagement and Heads ofschools is drawn so as to ensure properfunctioning ofSchool Management Committee where such decisions are taken. The following conditions laid down in the Affiliation Bye- Laws are once again brought to the notice ofthe schools for ready reference and adherence: • Rule 7.[2] No part of income from the institution shall be diverted to any individual in the Trust/ society/ # Company registered under section 25 of the companies act School Management Committee or to any other person. The savings, if any, after meeting the recurring and nonrecurring expenditure and contributions to developmental, depreciation and contingencyfunds may befurther utilized for promoting the school. _The accounts statement should be prepared as per rules. A copy each ofthe Statement ofaccounts should be sent to the Board every year. • Rule 7.[3] The channelling of funds by the management to person (s) or enterprise other,than for furthering education in the school will contravene the rules governing affiliation and call for appropriate action by the Board. • Rule ILl Fees charges should be commensurate W.P. (C) 1954of2017 Page 5 of[9] r with the facilities provided by the institution. Fees should normally be charged under the heads prescribed by the Department ofEducation of the State/U T. for schools of different categories. No capitation fee or voluntary donations for gaining admission in the school or for any other purpose should be charged / collected in the name of the school. In case of such malpractices, the Board may take drastic action leading to disaffiliation of the school. Further, any school or person violates the above provision is liablefor thefollowing:- (i). Receives capitation fees, shall be punishable with fine which may extend to ten times the capitation fee charged;
(ii) Subject a child to screening procedure, shall be punishable withfine which may extended to twentyfive thousand rupees for thefirst contravention and fifty thousand rupees for each subsequent contraventions. • Rule 11.[3] The unaided schools should consult parents through parent's representatives before revising the fees. The fee should not be revised during the midsession. • 19.[1] (ii) It shall ensure that the school is run as a community service and not as a business and that commercialization does not takeplace in the school in any shape whatsoever. Though, there is a need for the School Management to generate sufficientfinancial resources to guarantee the continued existence of the institution to meet the running expenses of the school to maintain it at a reasonable standard of efficiency, to pay salaries to teachers and other categories ofstaffregularly at least at par with the corresponding categories in the State Government Schools and to undertake improvement/development of school facilities etc. but the School Management should not make profit out ofit W.P. (C) 1954of2017 Page 6 of[9] The Heads and Managers ofSchools are directed to take note of the above and also bring it to the knowledge of school Managing Committee. In case of any report of violation ofthe relevant rules or Bye- Laws ofthe Board, the Board as per Rule 13.10 will conduct an audit ofthe accounts of the school which may even lead to disaffiliation ofthe school. Director (Affiliation) "
3. The writ petition has been field complaining that despite the representation dated 03.02.2017 complaining that the CBSE is ignoring the gross violation of its Circulars, no action has been taken against the offending schools by the respondents.
4. Today Mr.Kirti Uppal, learned Senior Counsel along with Mr.B.C. Pandey and Mr.S.P. Kamrah appeared on advance notice for the respondent No.3. The primary objection is to the maintainability of the writ petition at the instance ofthe petitioner. It is contended that the writ petitioner admittedly had been a school teacher prior and now engaged in school business having personal business interest in the matter.
5. Giving the nature of the submissions made by the petitioner in the writ petition and having regard to the nature of the functions performed by the CBSE as well as the spirit of intendment and purpose of the directives of the CBSE, it cannot be denied that the issue raised by the petitioner would be in the interest of the public at large, especially the school going children.
6. Mr.Kirti Uppal, the learned Senior Counsel appearing for the respondent No.3, however, has drawn our attention to the Circular No.CBSE/AFF/CIRCULAR/10/2017 dated 19.04.2017 which has W.P. (C) 1954 of2017 Page 7 of[9] t been filed in the Court and the same is taken on record. We find that this Circular appears to have modified the previous two above-mentioned Circulars relied upon by the petitioner. The Circular dated 19.04.2017 is reproduced hereunder: "NO.CBSE/AFF/CIRCULAR/10/2017 DATED:19.04.2017 To The Managers and Heads of all CBSE affiliated schools Subject: Advisory to schools not to indulge in commercial activities by way of sellins of books, stationary, uniforms, school bas etc and to adhere to the provisions ofAffdiation Bye- Laws ofthe Board. The Board, time and again have issued advisories to all its affiliated schools not to indulge in commercial activities by way of selling of text books, note books, stationary items, uniforms etc and to adhere to the provisions of Affdiation Bye-Laws of the Board. However, it has been brought to the notice of the Board through various complaints receivedfrom parents and other stakeholders that still schools are indulging in commercial activities by way ofselling ofbooks and uniforms etc within the school, premises or through selected vendors.
2. Rule 19.[1] (ii) of CBSE Affdiation Bye-Laws mandates that the society/Trust/Company registered under section 25 of the Companies Act, 1956 shall ensure that the school is run as a community service and not as a business and that commercialization does not takeplace in the school in any shape whatsoever.
3. Further, all the schools affdiated to CBSE are required to follow directions given in circular No. Acad/13/2016 dated 12.04.2016 regarding use of NCERT /CBSE textbooks but often the Board receives reports and complaints regarding thepressure exercised byschools on children and their parents to buy textbooks other than NCERT/CBSE. W.P.(C) 1954 of2017 Page[8] of[9] t
4. The Board has taken serious view of the above violations. Hence, once again your attention is drawn that Educational Institutions are not commercial establishments and their sole purpose is toprovide quality education.
5. Therefore, the schools are directed to desist from the unhealthy practice ofcoercing parents to buy text books, note books, stationary, uniforms, shoes, school bags etc. from within thepremise orfrom selected vendors only.
6. The school management shall ensure strict compliance ofthe above. Sd/- (K.SRINIVSAN) DEPUTYSECRETARY (AFFILIATION)"
7. The CBSE has itself observed that these Circulars are in the nature of advisories and failing to comply thereof would lead to de-affiliation of the schools concerned, if a complaint regard noncompliance ofthe Circulars is verified by it.
8. This writ petition, therefore, need not detain us for any protracted hearings. In view thereof, this writ petition is disposed of with a direction to the CBSE/respondent No.2 to ensure that its Circulars are strictly complied with by all the affiliated schools. ACTING'CHIEF JtJSTICE ANUMALHOTRA, J