C.HARI SHANKAR
Action Committee Unaided Recognized Private Schools – Appellant
Versus
Directorate Of Education – Respondent
C. Hari Shankar, J.
These two writ petitions, though separately filed and separately argued by learned Senior Counsel Mr. Sunil Gupta, raise interconnected issues, and involve, essentially, interpretation and understanding of common judicial authorities and pronouncements. They are, therefore, being decided by this common judgment, though the judgments on these writ petitions were reserved on different dates.
2. Before adverting either to the facts of these cases, or the nature of the controversy involved, it would be appropriate to reproduce, in extenso, the relevant statutory provisions, as contained in the Constitution of India, the Delhi School Education Act, 1973 (hereinafter referred to as “the DSE Act”) and the Delhi School Education Rules, 1973 (hereinafter referred to as “the DSE Rules”).
(i) Relevant Provisions from the Constitution, Article 26
“26. Freedom to manage religious affairs – Subject to public order, morality and health, every religious denomination or any section thereof shall have the right
(a) to establish and maintain institutions for religious and
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