2022/DHC/005702

$~94

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 19th December, 2022

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W.P.(C) 17273/2022

ST MARTINS DIOCESAN SCHOOL THROUGH ITS MANAGER

AND ORS

..... Petitioners

Through:

Mr. Romy Chacko, Mr. Varun M. Mr.

Sudesh Kumar Singh, Advs. (M:

9810125529)

versus

GOVT OF NCT OF DELHI AND ORS

..... Respondents

Through:

Mr. Gautam Narayan, Mr. Unmukt

Gora, Advs.

CORAM:

JUSTICE PRATHIBA M. SINGH

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 24^th November, 2004 issued by

DOE, along with Order No.F.2(162)/Comp/DMC/2022/3580-3583 dated

12^th October, 2022 issued by the Delhi Minorities Commission and Circular

Digitally Signed

By:DEVANSHU JOSHI

Signing Date:21.12.2022

15:30:35

Signature Not Verified

2022/DHC/005702

No.F.No.DE.15(882)/PSB/2022/9391-9396 dated 17^th 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:

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:

Digitally Signed

By:DEVANSHU JOSHI

Signing Date:21.12.2022

15:30:35

Signature Not Verified

2022/DHC/005702

xxx xxx xxx

management shall be valid.”

5. It is submitted that contrary to the said provisions, a communication

has been issued by the DOE on 8^th December, 2022 calling upon all

recognized private aided and unaided schools including minority schools to

prescribe the qualifications for their Managers as per the circular of the DOE

dated 24^th November, 2004. This, according to the ld. Counsel for the

Petitioners, affects that autonomy of managing unaided minority institutions,

contrary to the provisions of the above Act and the Rules, which clearly

exclude minority institutions from the applicability of provisions regarding

approval of the management scheme.

6. Mr. Gautam Narayan, ld. ASC on behalf of the Respondents, first

relies upon the order dated 7^th December, 2022 passed in W.P.(C)

Digitally Signed

By:DEVANSHU JOSHI

Signing Date:21.12.2022

15:30:35

Signature Not Verified

2022/DHC/005702

8113/2021 titled Kerala Education Society Delhi & Ors. v. Director of

Education, GNCTD, wherein this Court had the occasion to consider the

same circulars. Additionally, he relies upon the Ahmedabad Saint Xavier

College Society v. State of Gujarat, (1974) AIR (SC) 1389, to argue that the

Constitution Bench of the Supreme Court in this decision recognizes the

position that regulatory measures can be directed even at unaided religious

and linguistic minorities institutions. On the strength of this decision, as also

the decision of the ld. Division Bench of this Court in Satbharawan Arya

Girls Sr. Secondary School v. Union of India & Ors. [LPA 196/2017,

decision dated 30th August, 2017], he submits that the prescription of the

qualification of a Manager in such schools, cannot be held to be invalid. He

further submits t