DAYAL KUMAR NANDI & ORS. vs GOVT OF NCT OF DELHI & ORS.

Judgment text excerpt

$~87 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 26th September, 2025 + W.P.(C) 15136/2025 & CM APPL. 62153/2025 DAYAL KUMAR NANDI & ORS. .....Petitioners Through: Mr. Anish Roy, Mr. Chandrakant Tiwari, Advocates (M:9717006365) versus GOVT OF NCT OF DELHI & ORS. .....Respondents Through: Mr. Anukul Raj, Ms. Nikita Raj, Mr. Tushar Bhalla, Mr. Naveen, Advocates for R-3 (M:7982855602) CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J. (Oral) 1. The present writ petition has been filed with a prayer seeking directions for setting aside of the selection and results of the biennial election to the Governing Body of the Raisina Bengali School (“RBS”) Society, for the term 2025-2027, with a further prayer for directions to respondent no. 2, to conduct fair and transparent elections to the aforesaid RBS society. 2. Per contra, learned counsel for respondent no. 3-RBS Society has handed over to this Court an order dated 19th January, 2018, passed by the Division Bench of this Court in LPA No. 770/2017, titled as “The Governing Body Raisina Bengali School Society Versus Ashish Kumar Haldar & Anr.” 3. By referring to the aforesaid order, it is the case of respondent no. 3 Signature Not Verified Digitally Signed W.P.(C) 15136/2025 Page 1 of 3 By:HARIOM SHARMA Signing Date:27.09.2025 14:44:48 that the present writ petition would not be maintainable, and that the petitioner would have to approach a Civil Court in civil proceedings. Relevant portions of the order dated 19th January, 2018, passed by the Division Bench in the aforesaid case, reads as under: “xxx xxx xxx The Court firstly notices that the body concerned is a Society; it is not public funded school, per se. It only receives maintenance grant for funding the salary of its teachers. In all other a