The main legal point established is the mandatory duty of the managing committee to seek prior approval before closing a recognized school and the authority of the Directorate of Education to impose conditions to protect the interests of employees and students.

1. By this judgment I purpose to dispose of writ petition WP(C) No. 4426-32/2006 along with writ petition WP(C) No. 555/07. WP(C) No. 4426-32/2006 had originally been filed by seven petitioners to seek the quashing of the notice of retrenchment dated 30.12.2005 issued by the Management Committee, National Public School, Bela Road as being contrary to the provisions of Delhi School Education Act (the Act) and Rule 46 of Delhi School Education Rules (the Rules) and for issuance of a writ of mandamus directing the management of National Public School (NPS) to absorb the petitioners in any of the other two schools run by it, viz. NPS, Darya Ganj or NPS Kalindi vide order dated 11.12.2006 petitioner No.5 was deleted from the array of petitioners.

2. On the other hand WP (C) No. 555/2007 has been filed by the Managing Committee, National Public School, Bela Road for issuance of writ of certiorari to seek the quashing of the direction given by Delhi School Advisory Board in its meeting held on 27.09.2006 to the management of National Public School, Bela Road to absorb the retrenched teachers in its other branches as aforesaid, before the permission for closure of school is granted.

3. National Public School [Respondent No.3 in WP(C) No.4426-32/2006 and WP (C) No.555/2007] is an educational society registered under the Societies Regulation Act and was running three unaided schools in Delhi as aforesaid. All these three schools were run (and two of them even now continue to be run) under the name and style of National Public School. The petitioners in W.P.(C) No.4426-32/06 are all teachers who were working in National Public School situated at 7, Bela Road (in short ´WKH_ schoolµ). The school was being run from a rented premise. It appears that in 2001 the landlord of the premises filed a suit for possession, which was decreed in his favour. Against this order the school preferred an appeal. It is claimed by the Managing Committee of N.P.S. that as the Court was not inclined to interfere with the decree, the school opted for an out of court settlement with the landlord and in terms of the settlement the school handed over the possession of the premises of Bela Road School to the landlord on 29.04.2006. Consequent to this, Managing Committee of

.N.P.S. Bela Road in its meeting held on 30.11.2005 took a decision to close the school due to financial crisis and non-availability of land/building. Thereafter, the school retrenched its employee teachers from service w.e.f 31.03.2006 vide letter dated 30.12.2005. Managing committee of N.P.S., Bela Road vide its resolution passed in its meeting held on 21.01.06 proposed to approach its sister organization to accommodate the employees who were being retrenched, against any suitable future vacancies, as and when they arise. The students on roll of the N.P.S., Bela Road were given an option to get admission either in .N.P.S. Darya Ganj or N.P.S. Kalindi.

4. The school sought the permission of the Directorate of Education (DOE) to close down the school at Bela Road. On 22.03.2006 the DOE passed an order under Rule 46 of the Rules granting conditional

approval to the closure of the N.P.S. Bela Road subject to the following

conditions: ´__ All the employees & students of the school will be adjusted in National Public School, Dariyaganj & National Public School, Kalindi, Delhi as decided by the Managing Committee of National Public School, 7 Bela Road, Delhi in its meeting held on 21.01.2006.

2. The school authorities shall issue letters of adjustment to the individual employee & a copy of the same duly acknowledged by the concerned employee shall be submitted to the department.

3. The closure of the school will also be subject to the approval of the Advisory Board

5. Aggrieved by their retrenchment, the teachers of the school have filed the writ petitions being WP (C) Nos.4426-32/06 on 20.03.2006. On 19.05.2006, this Court in WP(C) No.4426-32/2006, after taking note of the