Social Jurist, A Civil Rights ... vs Government Of Nct Of Delhi & Anr.
2009 Latest Caselaw 1409 Del

*                IN THE HIGH COURT OF DELHI AT NEW DELHI

+                                     Date of Decision: April 15, 2009

%                               W.P.(C) 43/2006


         SOCIAL JURIST, A CIVIL RIGHTS GROUP          ..... Petitioner
                         Through: Mr. Anuj Aggarwal and Mr. Mannu
                         Mohan, Advocates.

                          versus


         GOVERNMENT OF NCT OF DELHI & ANR.       ..... Respondents
                      Through: Ms. Avnish Ahlawat, Ms. Simran
                      and Mr. Saurabh Chadha, Advocates for
                      Respondent Govt. of NCT of Delhi.
                      Mr. Ajay Verma, Advocate for Respondent
                      DDA.
                      Mr. Sanjeev Sabharwal, Standing Counsel
                      for Respondent MCD.

         CORAM:
         HON'BLE THE CHIEF JUSTICE
         HON'BLE MR. JUSTICE NEERAJ KISHAN KAUL

         1. Whether Reporters of the Local Newspapers may be allowed
            to see the Judgment?                       No
         2. To be referred to the Reporter or not?     No
         3. Whether the Judgment should be reported in the Digest? No

NEERAJ KISHAN KAUL, J. (ORAL)

1. The present petition was filed in public interest raising issues

concerning establishment and running of unauthorized and

unrecognized schools in the city of Delhi. It is stated in the present

writ petition that unregistered and unrecognized schools are being

run in different parts of Delhi and the same had been established

and were being run without the permission of the Government and

without the recognition of the proper authority under Delhi School

Education Act, 1973. It was also alleged in the present petition that

most of the schools were ill-equipped and were set up in unsafe

buildings and did not have adequate accommodation.

2. The writ petition was allowed with certain directions on 2nd

February, 2008. The Directorate of Education, MCD, NDMC and

DDA as also other prescribed authorities were asked to submit an

action taken report in the matter within a period of six months from

the date of the order and the matter was to be then put up for

perusal and orders in Chambers. Thereafter orders were passed from

time to time and the Court perused the two action taken reports

dated 7th August, 2008 and 12th August, 2008 filed by the MCD and

the Directorate of Education respectively. The reports were silent as

to what action the respondents proposed to take against the schools

that had not applied for recognition and were still continuing to

function. The respondents were also directed to indicate that if they

decided to close the schools, what arrangements they proposed to

make in respect of the students taking education in such schools.

Pursuant to Court orders, affidavits were filed.

3. Mr. Sabharwal, learned counsel for the MCD had fairly

conceded that the report was incomplete and a further survey of

unrecognized schools was necessary in order to suggest the action

plan for the closure of unauthorized schools and for accommodation

of children studying therein in the nearby MCD schools. The matter

again came up before the Court on 17th December, 2008 when the

MCD as well as the Government of NCT of Delhi were asked to file an

additional affidavit to indicate the action plan for implementation of

the judgment and in particular how they proposed to stop the

functioning of unrecognized schools which have failed to apply for

recognition and how they proposed to accommodate the children

studying in such schools.

4. Today, during the course of hearing, it was brought to the

notice of the Court that Special Leave to Appeal (Civil) No. 21952 of

2008 arising out of the judgment and order dated 8th February, 2008

had been filed in the Hon'ble Supreme Court of India and on 2nd

April, 2009, the same came up for hearing when the Hon'ble

Supreme Court was pleased to pass the following order:-

" Delay condoned.

Learned senior counsel appearing for the Director, Education submits that pursuant to the directions of the High Court, a survey was conducted by a Committee and the department is awaiting the Report of the said Committee. He also submits that there are about 1063 unauthorised schools out of which about 478 unauthorised schools have already applied for recognition and survey will continue for a period of another six months.

In view of this, we direct that the schools may not be closed till the Report of the Committee is given and a final decision is taken by the authorities.

Status quo to continue for six months.

The Special Leave Petition is disposed of accordingly."

5. It is stated by the counsel for the parties before us that in view

of the said order passed by the Hon'ble Supreme Court, nothing

further survives in the present petition.

6. The writ petition is accordingly disposed of.

NEERAJ KISHAN KAUL, J

CHIEF JUSTICE

APRIL 15, 2009 sb