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2023 Supreme(Del) 812

SANJEEV NARULA
Mahavir Sr. Model School – Appellant
Versus
Directorate of Education – Respondent


Advocates appeared:
Mr. Kamal Gupta, Mr. Sparsh and Mr. Yash Yadav, Advocates, for the Petitioners.
Mr. Santosh Kumar Tripathi, SC (Civil), GNCTD with Mr. Arun Panwar, Mr. Siddharth Krishna Dwivedi, Mr. Pradeep, Ms. Mahak Rankawat, Mr. Aditya S. Jadhav and Mr. Pradyuman Rao, Advocates, for R-DOE.
Mr. Rishikesh Kumar, ASC, GNCTD with Ms. Sheenu Priya and Mr. Muhammad Zaid, Advocates, for the Respondent.

JUDGMENT

Sanjeev Narula, J.

FACTUAL BACKGROUND

1. On 25th February, 1980, Municipal Corporation of Delhi allotted land to Mahavira Foundation, a society constituted of members of the Jain community.1[The allotment letter was signed on 23rd February, 1980 by Assistant Commissioner.] They established Petitioner No. 1 - Mahavir Sr. Model School as an aided Senior Secondary Private School [hereinafter, "Sr. School"]. Later upon payment of requisite charges, its status was converted to unaided private school. Subsequently, the Delhi Development Authority, vide letter dated 02nd November, 1987, allotted a separate piece of land for establishment of Petitioner No. 2 - Mahavir Jr. Model School, another unaided private school [hereinafter, "Jr. School"]. This school was founded in the year 1991 for nursery to preparatory education. Both the aforenoted educational institutions [collectively, "Schools"] function and administer their affairs entirely from the fees collected by them and are not dependent on any aid from the State. They have been accorded minority status since the year 2011, are recognised under the provisions of the Delhi School Education Act, 1973 ["DSEA"] and function under t








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