JUDGMENT

Swatanter Kumar, J. —

1.The Bench hearing the letters patent appeal in the High Court of Delhi at New Delhi, while setting aside the judgment/order passed by the learned Single Judge dated 14th September, 2005 in Writ Petition (C) No.2426 of 1992, issued a certificate of leave to appeal under Article 133 read with Article 134-A of the Constitution of India, 1950 (for short ‘the Constitution’) in its judgment dated 30th November, 2006 and considered it appropriate to frame the following questions to be decided by this Court :-

(a) Whether Rule 64(1)(b) of the Delhi School Education Rules 1973 and the orders/instructions issued thereunder would, if made applicable to an aided minority educational institution, violate the fundamental right guaranteed under Article 30(1) of the Constitution and are the respondents herein entitled to a declaration and consequential directions to that effect ?

(b) Have the judgments of the learned Single Judge of the High Court in Sumanjit Kaur v. NCT of Delhi,1 [2005 III AD (Delhi) 560], as affirmed by the decision dated 1.2.2006 of the Division Bench of the High Court in (LPA Nos.445-446/2005) Govt. of National Capital of Territory of Delhi v. Sum