U-Like Minority Welfare ... vs Municipal Corporation Of Delhi & ...
2010 Latest Caselaw 3495 Del

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      *        IN THE HIGH COURT OF DELHI AT NEW DELHI

      +        LPA 498/2010 & CM 13078/2010

      U-Like Minority Welfare Education Society    ..... Appellant
                      Through: Mr. U.S. Chaudhary, Advocate

                         versus

      Municipal Corporation of Delhi & Anr.     ..... Respondents
                     Through: Ms. Saroj Bidawat, Advocate


      %                  Date of Decision: 27th July, 2010

      CORAM:
      HON'BLE THE CHIEF JUSTICE
      HON'BLE MR. JUSTICE MANMOHAN

      1. Whether the Reporters of local papers 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


                                JUDGMENT

MANMOHAN, J.

The present Letters Patent Appeal has been filed

challenging the order of the learned Single Judge dated 4 th May,

2010 whereby the appellant's writ petition being WP(C) No.

3267/1994 has been disposed of with a direction that if the

appellant applies afresh for recognition within a period of two

weeks under Delhi School Education Act, 1973 (in short 'DSEA'),

then the respondent would process the application and convey

its decision to the appellant within a period of ten weeks.

LPA 498/2010 page 1 of 3

2. The relevant facts of the present case are that the

appellant has been running a primary school. On 18th

December, 1990, Assistant Education Officer (Grants) (in short

'AEO') granted recognition without aid to the appellant's school

only for the year 1990-91 subject to fulfillment of certain

conditions. However, subsequently on 11th February, 1994, AEO

rejected the appellant's application for grant of recognition

under DSEA. It is the said order dated 11th February, 1994

which was impugned by the appellant in the aforesaid writ

petition preferred by it.

3. Mr. U.S. Chaudhary, learned counsel for the appellant-

petitioner submitted that there was no provision under DSEA to

grant recognition to a school for a limited period. In support of

his submission, he relied upon a judgment of this Court in

Digambar Jain Society for Child Welfare (Regd.) and

others v. The Delhi Administration and others AIR 1980

NOC 48 (Delhi).

4. We are in agreement with the learned Single Judge that

though by virtue of Digambar Jain Society for Child Welfare

(Regd.) (supra), recognition cannot be granted for a limited

period in terms of DSEA but that does not mean that the order

dated 18th December, 1990 would amount to an order granting

recognition in perpetuity. In any event, as the learned Single

Judge has granted an opportunity to the appellant-petitioner to

LPA 498/2010 page 2 of 3 apply for recognition afresh under DSEA to MCD, we are of the

opinion that the impugned order calls for no interference.

5. Accordingly, the present appeal and the application are

dismissed in limine without any order as to costs. However, the

time period within which the appellant-petitioner could apply for

recognition afresh is extended for a period of two weeks from

today. Rest of the time schedule stipulated in the impugned

order, will remain unaltered.

                                        MANMOHAN, J



                                        CHIEF JUSTICE

      JULY 27, 2010
      NG




LPA 498/2010                                                       page 3 of 3