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2014 Supreme(Del) 2516

MANMOHAN
Forum for Promotion of Quality Education For All – Appellant
Versus
Lt. Governor of Delhi – Respondent


Advocates Appeared:
For the Petitioners:Sunil Gupta, Senior Advocate with Vedanta Varma, Neeraj Kishan Kaul, Rakesh Khanna, Senior Advocates with Kamal Gupta, Advocate.
For the Respondents:P.P. Malhotra, Senior Advocate with V.K. Tandon, Yogesh Saini, Anurag Ahluwalia, CGSC with Prashant Ghai & Amrit Singh, Ashok Agarwal with Nisha Tomar, Advocates for Social Jurist.

Judgment :

Manmohan, J:

PRIMARY ISSUE

1. The primary legal issue that arises for consideration in the present writ petitions is whether private unaided schools have the autonomy to admit students and the children through their parents have a right to choose a school in which they wish to study or whether the executive by way of an office order can impose a formula on the basis of which nursery admissions have to be carried out by such schools.

BACKGROUND FACTS

2. Present writ petitions have been filed by a committee and a forum representing private unaided recognized schools challenging office orders dated 18th December, 2013 and 27th December, 2013 issued by Lieutenant Governor of Delhi amending Clause 14 of the earlier notifications pertaining to nursery admissions on the ground amongst others that they are illegal, arbitrary and without jurisdiction. Though in WP(C) 202/2014 even the legality of the office order dated 24th November, 2007 had been impugned, yet during rejoinder arguments, Mr. Vedanta Varma, learned counsel for the petitioner had stated that the petitioner was not pressing the challenge with regard to the said office order. Even otherwise, the challenge with reg


















































































































































































































































































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