Reality Check India

Who can calm the turbulent waters of India’s edu law?

Posted in Uncategorized by realitycheck on April 6, 2019

So there is this bizarre case of Delhi Private Schools being forced to implement the 7th Pay Commission intended  for Govt employees in its institutions.  Then not being allowed to raise the tuition to match the increased wage bill.

This went up to the Delhi HIgh Court and was rightfully struck down.  What we call as #core1  is the most vexatious class of litigation in India because the entire body of India edu law is built on layers of anomalies. Many Judges appear to have resigned to the intractability of these.  What stood out is this brilliant postscript of the Single Judge of the Delhi High Court.

A Postscript

202. It is, probably, too much to expect that the omega to the controversy in this case will stand written with this pronouncement. If eleven Hon’ble Judges of the highest court of the land, the exercise of their collective wisdom, and the classic exposition of the law, as it emerged therefrom in the form of T. M. A. Pai (supra), could not still the waters, my humble effort is hardly likely to do so. I can only, therefore, close with the fond – perhaps too fond? – hope that, some day, calm would descend on the issue, and the educational edifice of our country would get down to doing what it was created, and intended, to do from the beginning – which is the dissemination of education, and the bringing forth, for the eons to come, of a generation enlightened and illumined with the light of knowledge and learning.

C. HARI SHANKAR, J MARCH 15, 2019/HJ

ref: last para  of  https://indiankanoon.org/doc/159433210/

 

Within a week this judgement was stayed by a two judge bench, flinging the whole issue back into the chaos.  Unable to settle any ground principle in this all important sector.