HC Judgement on Late Fees

IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(C) 12223/2009
RAKESH YADAV ..... Petitioner
Through : Mr. Ashok Agarwal and Mr. Yogesh Chandra, Advs.

versus
RAMJAS SCHOOL AND ORS ..... Respondents
Through : Mr. Sanjay Sharma, Adv. for respondent nos.1 and 2/Ramjas School.
Mr. Shoaib Haider, Adv. for Mr. N. Waziri, Adv. for respondent no.2/GNCTD.
Mr. B.S. Meet, DEO, West A, Director of Education, GNCTD.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI

O R D E R
11.02.2010
1. Grievance of the petitioner is that respondents no.1 and 2 has been charging
late fee @ Rs.10/-, per day, which is illegal, arbitrary, unjust and in
violation of Rule 166 of Delhi School Education Rules, 1973, framed under Delhi
School Education Act, 1973.

2. Learned counsel for respondent no.3/Directorate of Education, has handed over
in Court a communication dated 16.10.2009 addressed by the Education Officer,
Zone 16, to the Manager, Ramjas School (respondent no.1) wherein the school has
been informed that as per Rule 166 only 5 paisa, per day, can be charged as late
fee.
Counsel for respondent no.3 further submits that the writ petition will be
treated as a representation and necessary orders will be passed after giving due
opportunity of hearing to the petitioner as well as respondents no.1 and 2
expeditiously.
Respondent no.3 shall be bound by the statement made by their
counsel in Court today.

3. Learned counsel for respondents no.1 and 2 Ramjas School submits that till
the representation of the petitioner is decided Delhi School Education Act and
Rules shall be followed with regard to charge of late fee.

4. In view of the stand taken by learned counsel for the parties, nothing
further survives in the present writ petition, the same is accordingly disposed
of in above terms.


G.S. SISTANI, J.
February 11, 2010
'msr?

W.P.(C) 12223/2009 2/2


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