Full Judgement
Delhi High Court
Dashmesh Education Society Regd vs Government Of Nct Of Delhi & Anr. on 7 August, 2024
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~70
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 07.08.2024
+ W.P.(C) 10881/2024 & CM APPL. 44845/2024
DASHMESH EDUCATION SOCIETY REGD .....Petitioner
Through: Mr. Brijender Chahar, Senior
Advocate with Mr. Himanshu
Tyagi, Mr. Kunal Tyagi and
Ms. Poonam Sharma,
Advocates.
Versus
GOVERNMENT OF NCT OF DELHI
& ANR .....Respondents
Through: Mr. Rishikesh Kumar, ASC
for GNCTD.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
JUDGMENT
SWARANA KANTA SHARMA, J. (ORAL)
CM APPL. 44845/2024 (for stay of impugned order)
1. The present writ petition has been filed under Article 226 of the Constitution of India, on behalf of the petitioner-society, seeking quashing of the Order bearing No. DE.47/DDE/EAST/2024/468 dated 30.07.2024 passed by the Deputy Director of Education i.e., respondent no. 2 whereby directions were issued to the petitioner- society to close the school i.e., Dashmesh Public School, (School ID- 1001205) situated at C-Block, Vivek Vihar, Delhi- 110095 with
Signature Not Verified Digitally Signed CM APPL. 44845/2024 in W.P. (C) 10881/2024 Page 1 of 11 By:ZEENAT PRAVEEN Signing Date:08.08.2024 20:25:08 immediate effect and it was further directed that the said school run by the petitioner-society will adjust/shift the 784 students, currently admitted in the said school, to its other branch situated at Vasundhara Enclave, Mayur Vihar, Delhi-110096 with a precondition that if any of the parents of the concerned students do not wish to send their children/wards to Dashmesh Public School at Vasundhara Enclave, Mayur Vihar, Delhi-110096, such students shall be adjusted in the nearby Government Schools, on a priority basis.
2. By way of this application filed under Section 151 of the Code of Civil Procedure, 1908 ('CPC'), the petitioner-society seeks ad- interim stay of the impugned order dated 30.07.2024 passed by the respondents.
3. Learned Senior Counsel appearing on behalf of the petitioner- society submits that the petitioner-society has been running and managing the school in question i.e., Dashmesh Public School, (School ID-1001205) situated at C-Block, Vivek Vihar, Delhi, since the year 1989, which is a minority institution, primarily established to cater to the needs of the underprivileged children of the society as well as children from Sikh community living in the vicinity. It is stated that the petitioner had made a request, vide letter dated 03.03.2022, seeking grant of extension of provisional recognition and up-gradation of school up to 12th class. However, the respondent has failed to comply with Section 4 of the Delhi Education Act, 1973 which clearly lays down that the application for affiliation/up- gradation shall be decided within the stipulated period provided under the Act. Learned Senior Counsel appearing for the petitioner
Signature Not Verified Digitally Signed CM APPL. 44845/2024 in W.P. (C) 10881/2024 Page 2 of 11 By:ZEENAT PRAVEEN Signing Date:08.08.2024 20:25:08 fervently argues that respondent no. 2 had received a complaint dated 05.06.2024 from one Mr. Arif Khan of Janhit Welfare Association whereby he had made false allegations against the School being run and managed by the petitioner on several false grounds. It is stated that in view of the said complaint, which contained manipulated and false allegations, respondent no. 2, while passing the impugned order dated 30.07.2024, had not considered the locus of the complainant and had also not given an opportunity of hearing to the petitioner.
4. Further, it is submitted by learned Senior Counsel for the petitioner that respondent no. 2 has acted in haste on receipt of the abovementioned complaint without inquiring into the genuineness of the complaint and had constituted a committee consisting of five members vide an order dated 18.06.2024 under the Chairmanship of DDE (Zone 1) to physically inspect the premises of the school run and managed by the petitioner-society and had also directed to prepare a factual report in the matter. Accordingly, on 19.06.2024, at about 10:30 AM, the Committee members had visited the school campus in the presence of the management of the petitioner-society. It is further argued that respondent no. 2 had not even provided a copy of the complaint made by Mr Arif Khan and they had acted on the same without factually verifying the contents of the complaint. It is stated that the very basis on which the impugned order dated 30.07.2024 has been passed is that the land on which the petitioner- society is running and managing the school for more than three decades was not allotted to the petitioner society by the Delhi Development Authority ['DDA'] till date. It is also stated on behalf
Signature Not Verified Digitally Signed CM APPL. 44845/2024 in W.P. (C) 10881/2024 Page 3 of 11 By:ZEENAT PRAVEEN Signing Date:08.08.2024 20:25:08 of the petitioner that perusal of the impugned order will reveal that respondent no. 2 had knowledge of the pendency of W.P.(C) No.2442/2024 before this Court where the issue of allotment of land to the petitioner-society to run and manage the school is sub-judice and in the said petition, prayer is for direction to respondent no. 2 to decide the representation preferred by the petitioner-society dated 10.02.2024, which is in continuation of the previous representations. It is stated that the impugned order dated 30.07.2024 passed by respondent no. 2 in haste has put the future of 784 students, who are studying in the school, in difficulty as the school has been directed to be closed with immediate effect.
5. Learned Senior Counsel for the petitioner prays that the impugned order be set aside since it will be impractical and against the welfare of the students to shift them in mid-session to any other school in the vicinity. It is also argued that the right to livelihood of teachers and other supporting staff, who have been working in the school for the past three decades, which are more than 60 in number, will also be adversely affected as they did not have the opportunity to look for any alternative appointment in the mid-session. It is also stated that the petitioner should have been granted time to cure the defects or provide an explanation as per procedure contained in Rule 56(1) of Delhi School Education Rules, 1973 which have resulted in abuse of process of law by respondent no. 2. Thus, in the interest of justice, it is prayed that the impugned order be stayed, till final adjudication of the present writ petition.
6. Learned counsel for the respondents, who appears on advance
Signature Not Verified Digitally Signed CM APPL. 44845/2024 in W.P. (C) 10881/2024 Page 4 of 11 By:ZEENAT PRAVEEN Signing Date:08.08.2024 20:25:08 notice, submits that the petitioner-society, running and managing the school in question, has encroached upon the DDA land on which the school is functioning and he draws the attention of this Court to a letter dated 26.03.2009. Learned counsel states that vide the said letter, the petitioner-society had been asked to shift the School to the other branch situated at Vasundhara Enclave, Mayur Vihar, Delhi as the petitioner-society had been allotted another piece of land way back in the year 2009 at Vasundhara Enclave, Phase II for the purpose of shifting the students, who are studying presently in the school at Vivek Vihar, Delhi. However, the petitioner had failed to comply with the said letter issued by respondent no. 2. Further, it is also submitted that respondent no. 2 had received another letter dated 22.11.2022 from Inspector Parvesh Kasana, Police Station Vivek Vihar, Shahdara, Delhi in relation to the verification of the land documents of the school in question as the said Inspector had received a complainant against one Mr. Balbir Singh, Chairman of the school in question for cheating based on false and fabricated documents. Learned counsel for the respondents also draws the attention of this Court to an undertaking dated 18.07.2008 vide which Mr. Gurbakhsh Singh, General Secretary of the petitioner- society had given an undertaking that the land on which the school in Vivek Vihar is situated has been donated by Gurudwara Sri Guru Singh Sabha for opening the school and there is no violation of the master plan. It is stated by the learned counsel for the respondents that it is in this regard, a complaint regarding cheating by Mr Balbir Singh, Chairman of the school in question was received by DDE Zone-II
Signature Not Verified Digitally Signed CM APPL. 44845/2024 in W.P. (C) 10881/2024 Page 5 of 11 By:ZEENAT PRAVEEN Signing Date:08.08.2024 20:25:08 that the said document is false and fabricated. It is further submitted that the Directorate of Education had recommended rejection of the application for grant of extension and up-gradation from Secondary Level to Senior Secondary Level of the school run and managed by the petitioner due to the contradictory position of the petitioner regarding its land at Vivek Vihar, and had also directed for initiating action as deemed appropriate under DSEAR, 1973 against the school. Therefore, the application for approval for grant of extension and up- gradation from Secondary Level to Senior Secondary Level by the petitioner was rejected on 09.05.2023. In these circumstances, it is prayed that there is no ground to grant stay to the petitioner-society as the impugned order dated 30.07.2024 has been passed after due diligence, and after giving an opportunity to the petitioner-society to present its case, keeping in mind the principles of natural justice.
7. This Court has heard arguments addressed on behalf of both the parties and has perused the material placed on record.
8. A perusal of the record produced by respondents reveals that the petitioner-society had requested respondents to give it a hearing before taking final decision on the representation of the school. In view of the same, the concerned Officer of the Directorate of Education noted in the official noting sheet that the Manager/HOS of Dashmesh Public School was granted opportunity to remain personally present before the Director (Education) on 19.05.2023 at 11:00 AM in his chamber to present his case. However, personal hearing was rescheduled for 22.05.2023 at 3:30 PM and on the said date Mr. Balbir Singh, Chairman of the said school was present
Signature Not Verified Digitally Signed CM APPL. 44845/2024 in W.P. (C) 10881/2024 Page 6 of 11 By:ZEENAT PRAVEEN Signing Date:08.08.2024 20:25:08 before respondents and he had stated that the dispute in relation to land of the school was pending adjudication before the DDA and that the matter in relation to the representation of Dashmesh Public School, C Block, Vivek Vihar, Delhi for grant of extension/ up- gradation of the school be deferred till the decision is taken by the DDA in respect of the land of the school.
9. This Court takes note of the fact that pursuant to the meeting of the Chairman of Dashmesh Public School, C Block, Vivek Vihar, Delhi with the respondents on 22.05.2023, the petitioner herein had filed a writ petition before this Court seeking directions from this Court that the representation of the petitioner pending before the DDA be decided, as the representation of the petitioner for grant of extension/up-gradation of the school could not be decided because of the earlier representation pending with DDA in relation to land of the school. Further, as per records, the Coordinate Bench of this Court vide order dated 19.02.2024 in W.P.(C) No. 2442/2024 had directed DDA to decide the representation dated 10.02.2024 of the petitioner's school before 15.04.2024, and the petitioner was also granted an opportunity to be heard before the representation of the petitioner was decided. This case is now listed for hearing before the concerned Bench on 05.09.2024.
10. This Court is of the opinion that since the matter pertaining to the representation of the school in relation to the land was pending with DDA and a hearing is yet to be given to the petitioner in that case as per W.P.(C) No. 2442/2024, it would have been in the interest of justice and principle of fairness that the respondents would have
Signature Not Verified Digitally Signed CM APPL. 44845/2024 in W.P. (C) 10881/2024 Page 7 of 11 By:ZEENAT PRAVEEN Signing Date:08.08.2024 20:25:08 waited for the outcome of the said case, which is now listed for 05.09.2024, before passing the impugned order dated 30.07.2024.
11. This Court further notes that as per official noting sheet dated 23.05.2023, since the matter in relation to the representation of Dashmesh Public School, C Block, Vivek Vihar, Delhi for grant of extension/up-gradation of the school was deferred by DOE itself until disposal of the case before DDA, they should have waited till the same was decided by DDA. At the same time, the petitioner should also have complied with their own undertaking of shifting the students to their other branch, which they have apparently not complied as is clear from the record. Another fact to be noted is that respondents have passed the impugned order dated 30.07.2024 contrary to their own noting sheet since they had deferred the personal hearing to the School themselves. Further, in normal course, the petitioner should have been given an opportunity to explain the defects pointed out in the complaint filed by Mr Arif Khan and to rectify them before acting on it.
12. In these circumstances, when it is not disputed that recognition of the school of the petitioner-society was withdrawn way back in the year 2015, on the same premise that it was functioning on encroached land, it is not clear as to why Directorate of Education did not take any action against the petitioner-society for the last 10 years since the school was functioning without recognition, but hurriedly acted on a complaint by a private person without following the due process of law.
13. At the same time, the petitioner society can also be found fault
Signature Not Verified Digitally Signed CM APPL. 44845/2024 in W.P. (C) 10881/2024 Page 8 of 11 By:ZEENAT PRAVEEN Signing Date:08.08.2024 20:25:08 with as it was aware that the school which was managed and was run by them was functioning on encroached land and recognition had not been granted to it since the year 2016. Thus, the petitioner society should have also expedited the proceedings before DDA and DOE and should have approached the Court of law much earlier, than the year 2024 when they were asked to vacate the premises in question by the Directorate of Education.
14. Be that as it may, considering the fate of 784 students studying in the school run and managed by the petitioner-society, who as per the impugned order dated 30.07.2024, need to be immediately shifted to another branch of the school or to adjoining school, this Court is of the opinion that it will be in the interest of justice, at this stage, as an interim relief, to give an opportunity to the petitioner-society to explain the defects which have been mentioned in the complaint and which are not specified in the impugned order. The complaint filed by Mr. Arif Khan is also not before this Court. This Court, at the same time, remains aware that in case the school of the petitioner is lacking the safety measures it was required to follow, it must adhere to the same so that the safety of the students is not compromised at any point of time.
15. In these circumstances, the operation of the impugned order dated 30.07.2024, passed by respondent no. 2, is stayed during the pendency of the present writ petition, in the interest of 784 students who face the prospect of being shifted to other Government schools etc. mid session.
16. It is directed that the Directorate of Education shall conduct a
Signature Not Verified Digitally Signed CM APPL. 44845/2024 in W.P. (C) 10881/2024 Page 9 of 11 By:ZEENAT PRAVEEN Signing Date:08.08.2024 20:25:08 fresh inspection of the school run and managed by the petitioner herein i.e., Dashmesh Public School, C Block, Vivek Vihar, Delhi and the deficiencies pointed out, especially regarding the safety measures, shall be rectified by the petitioner's school within 7 days from passing of this order. The inspection may be carried out tomorrow i.e. 08.08.2024 or 09.08.2024. An opportunity of hearing be also given to the petitioner on 09.08.2024 or 10.08.2024 and within a week thereafter, the safety measures will be carried out and clearances will be placed before the Directorate of Education. A report in this regard will be placed by the Directorate of Education before this Court, prior to the next date of hearing. It is also clarified that in case any untoward incident takes place in the school of the petitioner, the management will be personally liable for criminal action. The petitioner school will also ensure that the safety in the school, at no point of time is compromised, whether prior or after the inspection.
17. The application i.e. CM APPL. 44845/2024 stands disposed of in the above terms.
W.P.(C) 10881/2024
18. This Court deems it appropriate that the petitioner herein impleads DDA as a necessary party in this case. Accordingly, let the amended memo of parties be filed by the petitioner within one week. In the meanwhile, let notice be also issued to the DDA, through its Standing Counsel, returnable for the next date of hearing.
19. List the matter for further directions on 28.08.2024.
20. Order be given dasti under the signatures of Court Master.
Signature Not Verified Digitally Signed CM APPL. 44845/2024 in W.P. (C) 10881/2024 Page 10 of 11 By:ZEENAT PRAVEEN Signing Date:08.08.2024 20:25:08
21. The order be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J AUGUST 7, 2024/A
Signature Not Verified Digitally Signed CM APPL. 44845/2024 in W.P. (C) 10881/2024 Page 11 of 11 By:ZEENAT PRAVEEN Signing Date:08.08.2024 20:25:08
