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 charitable purposes;

(b) to manage its own affairs in matters of religion;

(c) to own and acquire movable and immovable property; and

(d) to administer such property in accordance with law.”

Article 30

“30. Right of minorities to establish and administer educational institutions

(1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

(1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause (1), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would nor restrict or abrogate the right guaranteed under that clause. (2) The state shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.”

(ii) Relevant provisions from the DSE Act:

“3. Power of Administrator to regulate education in schools.

(1) The Administrator may regulate education in all the schools in Delhi in accordance with the provisions of this Act and the rules made thereunder.

(2) The Administrator may establish and maintain any school in Delhi or may permit any person or local authority to establish and maintain any school in Delhi, subject to compliance with the provisions of this Act and the rules made thereunder.

(3) On and from the commencement of this Act and subject to the provisions of clause (1) of article 30 of the Constitution, the establishment of a new school or the opening of a higher class or the closing down of an existing class in any existing school in Delhi shall be subject to the provisions of this Act and the rules made thereunder and any school or higher class established or opened otherwise than in accordance with the provisions of this Act shall not be recognised by the appropriate authority.

10. Salaries of employees.

(1) The scales of pay and allowances, medical facilities, pension, gratuity, provident fund and other prescribed benefits of the employees of a recognised private school shall not be less than those of the employees of the corresponding status in schools run by the appropriate authority: Provided that where the scales of pay and allowances, medical facilities, pension, gratuity, provident fund and other prescribed benefits of the employees of any recognised private school are less than those of the employees of the corresponding status in the schools run by the appropriate authority, the appropriate authority shall direct, in writing, the managing committee of such school to bring the same up to the level of those of the employees of the cor