Parents must bear cost of AC in schools, says Delhi HC

NEW DELHI: Junking a plea against air conditioning charges in schools, the Delhi High Court opined that air conditioning costs have to be borne by the parents as it is a facility provided to students, no different from laboratory fees.

A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora was hearing a public interest litigation by one Manish Goel against the charging of Rs. 2,000 per month for air conditioning (AC) facility in a school’s classrooms.

The petition sought court directions to the Department of Education (DoE) to issue orders in this regard to the private school arguing that it is the school’s onus to provide the facility, and thus should be funded from its own funds.

The DoE, however, informed the Court that it is already seized of the matter and has called for an action-taken report based on several complaints.

Therefore, the bench proceeded to dismiss the PIL.

“The DoE is seized of the matter and is awaiting the action taken report. The present PIL is dismissed," it said.

The petitioner had stated that the obligation to provide AC to the students rests with the school management and this facility should be provided by the school from its own funds and resources.

The Court was, however, not inclined to accept this argument that the schools must pay for AC, and said that the “The financial burden of providing such facilities cannot be fastened on the school management alone.” 

It cautioned that parents should ‘mindfully’ assess the facilities and costs while selecting a school. 

“The costs of air conditioning services provided to the children in the school have to be borne by the parents as it is a facility provided to the children and is no different from the other charges such as lab fee and smart class fee.... The parents, while selecting the school, have to be mindful of the facilities and the cost of the facilities provided to the children in the school,” the bench said.

The bench also noted that the school had already declared the AC charges upfront in the fee receipt, therefore, there was a presumption that the DoE is already apprised of the same.

“In view of the admission of the petitioner that the facility of air conditioning is being provided to the students in the classrooms, prima facie, there is no irregularity in the charge levied by the school,” it concluded.