REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTIONREVIEW PETITION (C) NO.

1368 OF 2004 IN CIVIL APPEAL NO. 2700 OF 2001Action Committee, Un-Aided Pvt. Schools & Ors.Petitioners Versus Director of Education, Delhi & Ors.

Respondents [WITH REVIEW PETITION (C) NO. 1420 OF 2004 IN CIVIL APPEAL NO. 2704 OF 2001, REVIEW PETITION (C) NO. 1421-1422 OF 2004 INCIVIL APPEAL NOS. 2705-2706 2004, REVIEW PETITION (C) NO.1423 OF 2004 IN CIVIL APPEAL NO. 2703 OF 2001 AND REVIEWPETITION (C) NO. 1774 OF 2004 IN CIVIL APPEAL NO. 2701 OF 2001] J U D G M E N T S.B. SINHA, J: Direction Nos. 7 and 8 thereof, read as under: "7. Development fee, not exceeding ten per cent, of the total annual tuition fee may be charged for supplementing the resources for purchase, up gradation and replacement of furniture, fixtures and equipment. Development fee, if required to be charged, shall be treated as capital receipt and shall be collected only if the school is maintaining a Depreciation Reserve Fund, equivalent to the depreciation charged in the revenue accounts and the collection under this head along with and income generated from the investment made out of this fund, will be kept in a separately maintained Development Fund Account.

13 8. Fees/funds collected from the parents/students shall be utilized strictly in accordance with rules176 and 177 of the Delhi School Education Rules, 1973. No amount whatsoever shall be transferred from the Recognized unaided school fund of a school to the society or the trust or any other institution."10. The said appeals were disposed of by a judgment and order dated27.04.2004 since reported in (2004) 5 SCC 583.