The Act's provision regarding the creation or abolition of classes/sections did not cover the discontinuation of a specific subject like French.

( 1 ) THIS writ petition was filed by the students studying in classes Vlth, Vllth and VI 11th through their parents studying in Army Public School, the 1st respondent and in essence challenges the discontinunance of French Language class in the Army Public School, respondent No. 1 This decision to discontinue the French classes was taken in the managing committee meeting of the school on 2nd January, 1998, and is stated to violate provisions of Delhi Scho of education Act and Rules (hereinaftrer referred to as the Act) Though the respondent No. 1 to sustain the impugned decision has relied upon an inspection carried by the Director, Military Training and has stated that the discontinuance of French language classes was for bringing about uniformity in Army public School, branches of which are situated all over the country so as to obviate the inconvenience caused to transfers from one Army School to another it is nor necessary not permissible to go into this aspect in the writ proceedings.

( 2 ) THIS judgment is therefore confined to the discussions to the legal pleas raised by the learned counsel for the petitioner. The learned counsel for the petitioner has relied upon Section 3 (3) of the Act. He has contended that the Act, as amended in 1987 forbids the creation or abolition of any class/section without the permission of the education authorities. The said Section reads as follows: "3 (3) On and from the commencement of this Act and subject to the provisions of clause (1 ) of article 30 of the Constitution, the establishment of a new school or the opening of a class or a section or the closing down of an existing class or any section of an existing class in any existing school in Delhi shall be subject to the provisions of this Act and the rules made there under and any school or higher class established or opened otherwise than in accordance with the provisions of this Act shall not be recognised by the appropriate authority. "

( 3 ) THE learned counsel has further contended that the phrase class/section used in the said Section 3 (3) covers even a subject like French. In support of this plea he has relied upon the fact that in class Vlth; Vllth and VI 11th there are two to three sections where all the students are studying French. He further contended that discontinuance of the French language tantamounts to discontinuance of a class/section and is forbidden by the mandate of Section 3 (3) of the Act. He also relied upon the dictionary meaning of class in this regard which reads as follows: class a lesson or lecturd, a number of pupils taught together, a category, kind or type, members of which share common characteristics, a grade or standard, any of the social groupings into which people fall according to their job, wealth etc.

( 4 ) IN my opinion while the dictionary meaning relied Upon by the learned counsel for the petitioner may to a tiroited extent seemingly support the, petitioner s plea, yet a closer examination reveals the fallacy in the plea of the petitioner. The Act has to be construed in the context of imparting of education and the purpose behind the enactment which js stated to be an Act to provide for better organisation and development of school education in the Union Territory of Delhi and for matters connected therewith or incidental thereto.

( 5 ) THE purpose behind the enactment of section was to avoid a situation leading to the abolition of certain classes/sections in a school leading to wholesale removal of students from the rolls of the school, Even the creation of new class/section of school has to be after the permission. This is obviously to ensure that there is no proliferation of classes/section without the necessary infra structure to impart quatity education.

( 6 ) IT is not in dipute that the following classes/selections. the students of which classes were studying French, have continued in the Army Public School and these Classes/sections have not been abolishe