Delhi govt takes over private school, High Court stays move

In a first, the Delhi government on Wednesday took over two branches of a private unaided school after lieutenant-governor Najeeb Jung’s approval on Tuesday evening even as the process was halted by the Delhi high court later.

The action has been initiated against Rohini and Pitampura branches of Maxfort School, which faces complaints of violation of the Delhi School Education (DSE) Act 1973 and Right to Education Act (RTE) 2009.

Sources said the action has been initiated following several complaints related to fee hike, violation of rules in admission to candidates from economically weaker sections (EWS) category and tax evasion through manipulation of records, among others. Directorate of Education (DoE) officials claimed that Mr Jung had given his approval to the take over on Tuesday night.

The school authorities, however, moved court which said “no precipitative action” is to be taken, effectively ordering status quo till the next hearing, on Monday. Ordering a stay on any precipitative action, the court appointed a local commissioner to visit the school and to maintain records of the documents sought by the government regarding the institute’s functioning.

“Lieutenant-governor is satisfied that the managing committee of the school has neglected to perform the duties imposed on it under the Delhi School Education Act, 1973 and the rules made there under and failed to run the school in the best interest... Needs immediate intervention and it is expedient in the interest of school education to take over the management of this school,” the take-over order said.

The order added that over '18 crore was “transferred” from the schools’ account to the trust running the school and through that, to another. The school, which has four branches in Delhi, is currently being run by Chadha Educational Society and S. Jagat Singh Chadha Charitable Trust.

Earlier in April, the DoE had issued show-cause notices to the two branches of the school. However, the officials claimed that their response was not found to be satisfactory.

Following complaints from the parents’ association, the government had constituted two committees, one under the department of education and the other under the district magistrate of northwest Delhi. Complaints of misappropriation funds were referred to the economic offences wing of the Delhi police.

The DoE committee in its report said the EWS/DG admissions in the last two years were far below the 25 per cent of the total strength, violating the RTE Act.

The school was also found to have collected capitation fees and the management of the schools had violated Section 24 of DSE Act, 1973, according to which every recognised school is supposed to be inspected at least once in each financial year which could not be done, due to lack of co-operation from the schools’ committees.

Explaining the modalities of the takeover, a DoE official said the government will take over the management of the school from the private party and appoint an administrator to run it.

“He can be from within the government or from outside but appointed by the government,” the official said.

“The school will still remain private, where students will have to pay fees. There will be no change in the principal and teachers of the school and the government will pay salaries to the school staff,” the official said.

When the show-cause notices were issued, the school authorities had moved Delhi high court even then, terming the action “illegal and against the principle of natural justice”.