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2008 Supreme(Del) 680
IN THE HIGH COURT OF DELHI
S. Ravindra Bhat, J.
Mgmt. of Greenfields Public SchoolAppellants
Versus
Govt. of NCT of Delhi and Anr.Respondent
WP (C) 856-857, 9434-9435, 9468-9469, 9473-9474, 9476-9477, 11058-11059, 11069-11070, 11074, 11075-11076, 11077-11078, 11085, 12190-12191/2006
Decided On: 01.07.2008
Advocate Appeared
For Appellant/Petitioner/Plaintiff: J.P. Singh and Mithun Barsaley, Advs.
For Respondents/Defendant: Ashok Sethi and Israr Ahmed, Advs. for R-6 (Greenfield School), Geeta Luthra, Sanjeev Sahay and Aanchal Mullick, Advs. for R-2 (DOE), Smita Shankar, Sr. Counsel and G.P. Dwivedi, Adv. for R-3 (MCD), Nidhi Gupta, Adv. for Avnish Ahlawat, Adv. for R-4 (D.E.), Sudhir Nandrajog, Adv. for President (D.P. Jain) Green Fields School Society
Headnote:Delhi School Education Rules, 1974
Sections 24, 44 & 46 - Notice--Petitioner was a registered school and recognized as a middle school at Naveen Shahdara in year 1971-- Petitioner was allotted another plot at Vivek Vihar in year 1976, where its functioning was duly recognized under the Act till class XI--Petitioner was allotted another plot in 1985 by DDA at Dilshad Garden for senior secondary school--Directorate of Education granted approval to shift the schools activities from Vivek Vihar to Dilshad Garden--Petitioner challenged show-cause notice and order dated 10-01-06 issued by Director of Education--Petitioner terminated its teachers without approval of the respondent--Court was of view, the order of withdrawing recognition cannot be faulted and abuse of power & the director acted within jurisdiction--However, court directed to petitioner to deposit Rs. 25 lakhs and the concerned teachers shall appear before the Director to work out modalities for payment--Writ petitions disposed of.
S. Ravindra Bhat, J.
1. These proceedings are part of a seemingly unending saga concerning Management of the Greenfield Public School and the woes of its teachers who had in the first instance approached this Court in 1995. The period from then till now have witnessed writ proceedings, culminating in a judgment, in 1998; Letters Patent Appeals which ended six years later and two further writ proceedings consequent to directions in the earlier rounds of litigation. Hopefully, this judgment should end these dispute once and for all.
2. The writ petitioners, Management of the Greenfield Public School and Dr. (Smt.) M. Barsaley, its Principal-cum-Manager challenge a show-cause notice dated 2.12.2005 and the order dated 10.01.2006 issued by the second respondent Director of Education (hereafter referred to as "the Director") under Section 24(4), withdrawing recognition of the school, under the Delhi School Education Act as illegal and beyond jurisdiction.
3. The facts, gleaned from the rival pleadings and materials on record, are set out hereafter. On 24.2.1968, the Greenfield Public School Society was incorporated under the Societies Registration Act. It was managing the Greenfield Public School, then located at P-11, Naveen Shahdara. The School had been established on 16.04.1966 and was granted recognition in 1971 as a Middle School. In 1976, the Society was allotted land at Vivek Vihar. The school which had functioned from 1966 continued up to 30.04.1976 when it was shifted to the new locale at Vivek Vihar where its functioning was duly recognised under the Act, till Class XI. After the school commenced its functioning at Vivek Vihar, the Society was allotted another three acres of land on 24.07.1985 by the DDA. Apparently, the Society had requested for allotment of land for a Senior Secondary School. Clause 7 of the allotment letter stipulated that the Society should shift the then existing school (from Vivek Vihar to the new location, at Dilshad Garden) within two years from the date of the handing over possession of the plot. The society had, in the meanwhile, applied to the directorate for shifting of the school to the new place at Dilshad Garden. On 17.11.1988 the Directorate of Education granted approval to shift the schools activities completely inter alias in the following terms:
DIRECTORATE OF EDUCATION, DELHI
(PLANNING BRANCH)
No. : 965/RC/Plg. Dated : 17.11.1988
To
The Manager
Green Fields Public School
Block D, Vivek Vihar
DELHI: 110092
Sub:- Shifting of school from Vivek Vihar to Dilshad Garden from the
academic session 1989-90.
Sir,
With reference to your application on the above noted subject, I am directed to convey the permission of the Director of Education for the shifting of your school from class I to XII from Vivek Vihar to Dilshad Garden, Delhi with immediate effect with the following terms and conditions:
1. That all the classes from 1st to XIIth shall be held at Dilshad Garden.
2. That the present school shall be closed down and no recognized classes shall be held at Vivek Vihar.
3. That no branch of the school shall be run under the name of recognized school.
4. That the school shall provide all the facilities as required under Rule 50 & 51 to the students as well as to the teachers.
5. That sufficient facilities of drinking water, toilets and other sanitary arrangement shall be provided at the new site.
6. That proper and adequate accommodation shall be provided to each and every student at the rate of 12 sq. ft. in each class. The responsibility of the safety of the students shall be with the school authority as the building is under construction.
sd/-
(R.S.S. SHISODHIA) JT. DIRECTOR OF EDUCATION(PLG.)
DELHI. Dated : 17.11.1998
4. Apparently, around this time the founder of the School Sh. R.R. Joshi died. The second petitioner and her brother one Sh. B. Kumar, his children, survived him. The school did not shift completely; only senior classes were shifted to the new locale at Dilshad Garden.
