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2008 Supreme(Del) 147

IN THE HIGH COURT OF DELHI AT NEW DELHI
HONBLE MR. JUSTICE T.S. THAKUR AND HONBLE MS. JUSTICE VEENA BIRBAL, JJ.
Social Jurist, a Civil Rights Group ..... Petitioner
Versus
GNCT & Ors...... Respondents
WP(C) 43/2006, CMs 1819/2007 & 16275/2007
Decided on : 08th February, 2008

Advocates appeared
Through : Mr. Anuj Aggarwal, Adv. with Mr. Ashok Aggarwal, Adv.
Through :Mr. J.R. Midha, Standing Counsel with Ms.Zubeda Begum, Addl. Standing Counsel with Addl. Director of Edn. (ACT) Mr. Ajay Verma, Adv. for DDA Mr. Sanjeev Sabharwa, Adv. for MCD Mr. R.M. Sinha, Adv. with Ms. Namita Sinha, Adv. for Applicant in CM 1819/07 Ms. Maninder Acharya, Adv.for Adarsh Public School

Headnote:Delhi School Education Act, 1973 Section 28 -Delhi School Education Rules, 1973 Rule 43 Pubic interest litigation - Unauthorized and unrecognised school run without permission of the Government and without the recognition of appropriate authority - No notice of intention to open the school in terms of Section 34 ever given by such institutions nor such institutions subjected to any inspection or evaluation to determine whether they fulfil the bare minimum requirements for running an institution in terms of Rules 50 and 51 - Total breakdown of the machinery which the Act had envisaged for regulating and organizing planned development of school education in Delhi - Directions given.

Judgment

Thakur, J.

This petition filed in public interest brings to the fore, issues of considerable public importance concerning establishment and running of unauthorized and unrecognized schools in the city of Delhi. According to the petitioner, there are nearly 10000 schools in different parts of Delhi which are unregistered and unrecognized, run by private individuals, institutions and NGOs in which about 600000 children between the age group of 2 to 18 years are studying in different classes between LKG to 12th standard. All these schools have been established and are being run without the permission of the Government and without the recognition of appropriate authority under the Delhi School Education Act, 1973. The petitioner inter alia alleges that most of the schools are ill-equipped and are established in unsafe buildings. They do not have adequate accommodation for running the institution nor are the teachers employed for imparting instructions qualified. They are usually underpaid. The absence of playgrounds, libraries and laboratories in the Schools makes the position quite dismal for the children who are for various reasons including poverty and absence of proper schools in the neighbourhood forced to join these institutions. It is further alleged that most of the Schools do not observe normal working days and are in the nature of ‘Sub-standard Teaching Shops’. Many of these schools do not even hold examinations but issue certificates concerning examination of different classes and standards. The result is that innocent parents and their children fall prey to the schools under the impression that they are recognized. More often than not, children passing out from these schools are denied admission to the next higher class by the Government or a recognized institution on the ground that they do not possess a certificate from a recognized school. The petition also complains about the fees and other demands made by the schools which are said to be exorbitant and unjustified having regard to the poor facilities that are provided. All told, the petition paints a dismal picture of the prevailing situation in no less an important place than the power centre of the country. It refers to a fire incident in December, 2005 in which hundreds of school children had a miraculous escape following an explosion and fire at a spray painting unit that functions from the very same building as the unrecognized schools in South Delhis Madanpur Khadar village. It also refers to another tragedy that occurred in July, 2004 in which 90 lives were lost at a unrecognized school in Kumbakonam, in the district of Tamilnadu. The petition in that background prays for a mandamus directing the respondents to forthwith identify the unsafe, unauthorized, illegal and unrecognized private schools operating in Delhi. It prays for a mandamus directing the respondents to take immediate action including action by way of closure of all such unauthorized and unrecognized schools being run from unsafe school buildings as do not conform to the minimum requirement stipulated for establishing schools under the provisions of the Delhi School Education Act, 1973 and their recognition. A further mandamus directing the respondents to frame rules in terms of Section 28 of the Delhi School Education Act, 1973 and issue instructions under Rule 43 of the Delhi School Education Rules, 1973 for regulating the opening and functioning of all the schools in Delhi has also been prayed for.

2. In response to a notice issued by this court, the respondent MCD has filed an affidavit in which it is inter alia stated that the MCD is empowered to grant recognition and aid to primary schools under the Delhi School Education Act and Rules, 1973. It is further alleged that under Rule 17 of the Delhi School Education Rules, 1973, autonomous schools have an independent curriculum and method of study and evaluation, although the Corporation can interfere if it finds that the curriculum


































































































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