Unaided minority institutions are exempt from mandatory qualifications imposed by regulatory authorities as per Delhi School Education Act provisions, protecting their autonomy.

JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

CM APPL. 54918/2022 (for exemption)

2. Allowed, subject to all just exceptions. Application is disposed of.

W.P.(C) 17273/2022 & CM APPL. 54917/2022

3. The present petition has been preferred by St. Martin's Diocesan School/Petitioner No.1 and Somerville School/Petitioner No.3 (hereinafter collectively "Schools"), along with their respective Managers/Petitioner Nos. 2&4. Both these Schools are unaided minority institutions. They are aggrieved by the fact that the qualification for Managers of the schools is being prescribed in an indirect manner by the Directorate of Education, GNCTD (hereinafter "DOE") by applying Circular No.DDE/Act/15/2004/9012-9062 dated 24th November, 2004 issued by DOE, along with Order No.F.2(162)/Comp/DMC/2022/3580-3583 dated 12th October, 2022 issued by the Delhi Minorities Commission and Circular No.F.No.DE.15(882)/PSB/2022/9391-9396 dated 17th November, 2022, issued by the DOE. By these impugned orders/circulars, the qualification for the post of `Manager' of a school is being prescribed as under:

"A manager is required to have at least 10 years total experience in teaching and educational administration. Out of 10 years, at least 03 years shall be as in-charge of MCD/NDMC/Recognized/Middle/Sec/Sr.Sec.School. This certificate must be duly counter signed by EO/DEO of the concerned zone."

4. Mr. Chacko, ld. Counsel appearing for the Petitioners, relies upon the second Proviso to Section 5 of the Delhi School Education Act, 1973 (hereinafter "Act"), and Rule 59(3) of the Delhi School Education Rules, 1973 (hereinafter "Rules"), which according to him exempt minority institutions from obtaining approval for their scheme of management. The said provisions are set out below:

"Section 5. Scheme of management

(1) Notwithstanding anything contained in any other law for the time being in force or in any instrument having effect by virtue of any such law, the managing committee of every recognised school shall make, in accordance with the rules made under this Act and with the previous approval of the appropriate authority, a scheme of management for such school:

Provided that in the case of a recognised private school which does not receive any aid, the scheme of management shall apply with such variations and modifications as may be prescribed:

Provided further that so much of this sub-section as relates to the previous approval of the appropriate authority, shall not apply to a scheme of management for an unaided minority school.

(2) A scheme may be made, in like manner, to add, to vary or modify any scheme made under sub-section (1).

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Rule 59.(3) The managing committee of an existing school shall make the draft of scheme of management after the commencement of these rules and shall, within 90 days from such commencement, submit such draft to the appropriate authority for its approval:

Provided that the appropriate authority may, after giving to the managing committee a reasonable opportunity of being head, make such alterations or modifications in the draft scheme of management as the circumstance of the case may require.

Provided further that the provisions of this sub-rule relating to the approval and alterations or modifications in the sphere of management by the appropriate authority shall not apply to a minority school in which case such approval and alterations or modifications shall be advisory and the draft scheme of management shall be valid."

5. It is submitted that contrary to the said provisions, a communication has been issued by the DOE on 8th