S.B.SINHA, S.H.KAPADIA, CYRIAC JOSEPH
Action Committee, Un-Aided Pvt. Schools – Appellant
Versus
Director of Education, Delhi – Respondent
Judgment :-
S.B. SINHA, J.
1. The Parliament enacted the Delhi School Education Act, 1973 (for short "the Act") to provide for better organization and development of school education in the National Capital Territory of Delhi (NCT) and for matters connected therewith or incidental thereto. The Act deals with education at pre-primary stage, primary stage, secondary stage and senior secondary stage.
2. The Act contains an interpretion clause defining a large number of words mentioned therein including `aided school, `minority school and `unaided minority school.
Section 3 of the Act empowers an "Administrator" to regulate education in schools. Section 5 provides for the scheme of management of every recognized school in terms of the rules framed under the Act. It provides for the mode and manner in which fees and other charges to be levied and collected by the schools.
Section 18 provides for a `school fund known as the "Recognised Unaided School Fund"; Sub-section (4) whereof mandates that income derived by unaided schools by way of fees shall be utilized for such educational purposes as may be prescribed.
Section 24 provides for inspection of schools; sub-section (3) whereof reads a
Union of India & Ors. v. M/s Martin Lottery Agencies Ltd. 2009 (7) SCALE 34
Krishnan Narula v. Jammu & Kashmir AIR 1967 SC 1368
State of West Bengal v. Ashish Kumar Roy & Ors. (2005) 10 SCC 110
Delhi Abibhawak Mahasangh v. Union of India & Ors. 76 (1998) DLT 457
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