Public Interest Litigations lack standing when individual claims can be raised separately, especially during ongoing related litigations.

JUDGMENT

D.N. Patel, Chief Justice(Oral)--This Public Interest Litigation has been preferred with the following prayers:

"i. Direct Respondents to undertake all such measures to ensure implementation of the 7th Pay Commission recommendations qua over 2 lakh teaching and non-teaching employees of nearly 2000 Unaided Private Schools of Delhi in order to bring their pay, allowances and other benefits in conformity with and not less than the pay, allowances and other benefits of the employees of corresponding status in Government and MCD schools in adherence to Section 10(1) of the DSE Act; and

ii. Direct Respondents No. 1 to 4 authorities to take appropriate action in accordance with the provisions of DSE Act, against the erring Unaided Private Schools for violation of Section 10(1) of the DSE Act; and

iii. Pass any such other or further orders or direction as this Hon'ble Court may in the facts and circumstances of the present case deem fit and appropriate, in favor of the beneficiaries whose cause is espoused by the Petitioner and against the Respondents; and

iv. Allow the present PIL with cost in favour of the Petitioner."

2. Having heard the counsel for both sides and looking at the facts and circumstances of the case, it appears that this petitioner is in search of implementation of the 7th Pay Commission recommendations for the teaching and non-teaching employees of the unaided Private Schools of Delhi.

3. Learned counsel for the petitioner submitted that 7th Pay Commission recommendations ought to be implemented by the unaided Private Schools of Delhi under Section 10 of Delhi School Education Act, 1973 (hereinafter called the Act, 1973). It is further submitted by the counsel for the petitioner that the issue of increase in the fees has nothing to do with the obligation to make the payment of salary as per 7th Pay Commission recommendations to the teaching as well as non-teaching staff of the unaided Private Schools of Delhi.

4. Learned counsel appearing for the respondent No.1-Government of NCT of Delhi submitted that a circular regarding payment of salary as per 7th Pay Commission recommendations dated 25th August, 2017 has already been issued. They are seeking compliance from approximately 1766 unaided Private Schools of Delhi. The inspection of 1415 schools has also been carried out in the eight Districts. Moreover, show cause notices have also been issued by respondent No.1 to over 300 unaided Private Schools and it has been mentioned in the said show cause notices that action under Section 24 of the Delhi School Education Act, 1973, which provide for de-recognition and/or taking over the management, will be initiated for noncompliance.

5. It is further submitted by the counsel for respondent No.1 that after issuance of notices by respondent No.1, few schools have already complied with implementation of the 7th Pay Commission recommendations. There still remain some schools which are yet to implement the 7th Pay Commission recommendations. Thus, it is submitted by learned counsel for the respondent No.1 that they have already initiated action against such schools for not implementing the 7th Pay Commission recommendations for teaching and non-teaching employees.

6. We have also heard the counsel appearing for North Delhi Municipal Corporation i.e. respondent No.2. Counsel appearing for respondent No.2 submitted that there are approximately 117 unaided recognised Private Schools falling in the area under North Delhi Municipal Corporation of Delhi. Notices for the implementation of the 7th Pay Commission recommendations have already been issued and actions will be initiated in accordance with law if the directions are not complied with.