The Delhi Government’s process to take over the management of Maxfort schools in Rohini and Pitampura, which face complaints of violation of rules, was halted by the Delhi High Court on Wednesday.
The Directorate of Education’s take-over order alleged that over Rs18 crore was “transferred” from the school’s account to the trust running the school and through that to another.
Finally, the High Court said “no precipitative action” is to be taken, effectively ordering status quo till the next hearing, on Monday.
The main charges cited are that the schools were allegedly collecting “capitation fee” - donations; “is habitual in non-cooperation” with inquiry committees; “failed to implement... Section 12 (1) of the Right to Education Act” which is providing 25 per cent reservation for EWS/DG (economically weaker section/ disadvantaged groups) backgrounds; and financial bungling.
The Directorate of Education has independently found that between 2009 and 2016, “a total amount of Rs18,51,91,912 (Rs 18.51 crore)” was “transferred” to Mohini Chandani Charitable Trust, which runs the schools. Except for Rs 5.48 crore in 2011-12, it “has not been reflected in the returns submitted by the school.”
Also, Sardar Jagat Singh Chadha Charitable Trust received Rs 85 lakh from the school trust over 2012-13 and 2013-14. “It is a deliberate and malafide act of the school management to divert the money from the school fund accounts,” says the take-over order.
On April, 2011, the Delhi Government had issued show-cause notices to the school asking why they shouldn’t be taken over. The notices followed several rounds of enquiry. The take-over order issued on August 3, 2016 said after examining the responses to the notices and other documents, “the lt. Governor/Administrator...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 of education of the children and the conditions prevailing in the school needs immediate intervention and it is expedient in the interest of school education to take over the management f this school.”
Explaining the reasons, the order said, “It is manifest that it is an established norm of the school to demand and accept illegal donations from the parents in the name of society, but through school and for siphoning off huge amount[s]...through various societies and bank accounts. The order reminds that collecting donations is same as “force collection of capitation fee”, prohibited by the Right to Education Act, 2009. The alleged use of names of different societies is violation of the Delhi School Education Rules, 1973.
The school management went to court to fight the take-over on Wednesday morning itself and their lawyer Kamal Gupta alleged that the Directorate of Education sent the team to take over despite receiving a copy of the petition. “The order was passed by the lieutenant-Governor but the hearing was given by the director, education. The basic principal is that whosoever will pass the order will have to hear - there’s no concept of delegated hearing. Why is the l-G not giving us a hearingIJ” said Gupta adding, “There was no cooperation. And whatever deficiencies are there, school is willing to rectify. You have to give the school the opportunity to rectify. Whatever allegations of donations were there, the process of refunding was on. Those who were bringing the documents necessary were getting refunds. Also, there was nothing on siphoning of fund in the show-cause notice.”