High Court Asks Delhi Govt, Centre To Clarify Stand On Waiver Of School Fees Of Children Orphaned By COVID-19

The Delhi High Court has asked the Centre and Delhi's Lieutenant Governor as well as its government to clarify their stand on the demand for waiver of the fees of children, who lost their parents to COVID-19, till they complete their school education.

Justice Yashwant Varma observed that the circulars issued by Delhi Government's Directorate of Education on May 13 and June 7 on uninterrupted education of such children, do not specifically deal with the aforesaid subject, which is also one of the reliefs claimed in a pending petition before the court.

"In view of the above, let learned counsels representing respondent Nos. 1 (Delhi Government), 2 (Centre) and 5 (Delhi LG) file their replies within a period of four weeks from today," the court ordered while listing the matter for hearing on March 21, 2023.

In the circular dated May 13, heads of all the government, government-aided as well as recognised unaided private schools in the national capital were directed to ensure that the students who have lost either or both their parents due to COVID-19 or any other reason, are allowed to continue their studies without any interruption.

Another circular dated June 7 directed the Deputy Directors of Education to take necessary action in accordance with the orders passed by the Supreme Court for ensuring continuity of education of children who had dropped out of school due to the loss of both or single parent. The authorities were directed to submit an action taken report within 7 days.

The Court passed the interim order on a plea filed by two children who lost their sole bread-earning parent to COVID-19 allegedly due to alleged deficient supply of oxygen at Jaipur Golden Hospital in 2021. The plea was filed through their mother.

The minors had sought expeditious implementation of schemes for education for children like them, who were studying in private schools and lost the sole bread earning member of their family due to COVID-19.

The plea also prayed for the government to ensure that there is no prejudice caused to their right to education on account of non-payment of school fees.

Previously, Justice Varma had sought response of Delhi Government on the steps taken by it independently for the purpose of continuing the education of such children, who have lost parents during pandemic, in aided or government established schools.

Advocate Bharat Malhotra represented the petitioners.

Case Title: Yasmin Kataria & Anr v GNCTD & Ors

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