Delhi High Court
Faith Academy vs Government Of National Capital ... on 3 October, 2013
Author: V. K. Jain
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 03.10.2013
+ W.P.(C) 2829 of 2010
FAITH ACADEMY ..... Petitioner
Through: Ms. Jyoti Singh, Sr. Adv. with Mr. M.
Qayam-ud-Din & Ms. Majani Begum,
Advs.
versus
GOVERNMENT OF NATIONAL
CAPITAL TERRITORY OF DELHI & ORS. ..... Respondents
Through: Ms. Zubeda Begum, Standing Counsel,
GNCTD with Ms. Sana Ansari, Adv.
Mr. Ashok Agarwal &
Mr. Khagesh B. Jha, Advs. for R-3.
+ W.P.(C) 6689 of 2010
FAITH ACADEMYPARENTS
ASSOCIATION (REGD.) ..... Petitioner
Through: Mr. Ashok Agarwal &
Mr. Khagesh B. Jha, Advs.
versus
GOVERNMENT OF NATIONAL
CAPITAL TERRITORY OF DELHI & ORS. ..... Respondents
Through: Ms. Zubeda Begum, Standing Counsel,
GNCTD with Ms. Sana Ansari, Adv.
Ms. Shobhana Takiar & Ms. Indrani
Ghosh, Advs. for the Director of
Education/R-2.
W.P.(C) Nos.2928 of 2010 & 6689 of 2010 Page 1 of 7
Ms. Jyoti Singh, Sr. Adv. with Mr. M.
Qayam-ud-Din & Ms. Majani Begum,
Advs. for R-4.
CORAM:
HON'BLE MR. JUSTICE V.K.JAIN
JUDGMENT
V.K.JAIN, J. (ORAL)
Rule 59 (1) of the Delhi School Education Rules, 1973
(hereinafter referred to as „the Rules) to the extent it is relevant reads as
under:
"59. Scheme of management of recognized schools - (1) The
scheme of management in relation to a recognized school shall
provide that:-
xxxx xxxx xxxx xxxx xxxx
(b) subject to the total number of members specified in
clause (a), every managing committee shall include the
following, namely:-
xxxx xxxx xxxx xxxx xxxx
(ii) one parent, who is a member of the Parent-Teachers‟
Association of the school, constituted in accordance with such
instructions as may be issued by the Administrator, and is
elected by that Association.
xxxx xxxx xxxx xxxx xxxx
Provided that in the case of [a minority school], such
members of the managing committee, as are required by this
rule to be elected, may, instead of being elected, be nominated
by the society or trust by which such unaided minority school is
run:"
2. A circular dated 12.4.2010 was issued by the Director of
Education, Delhi laying down guidelines for constitution of Parents-
Teachers‟ Associations in aided/unaided school. The said instructions
inter alia stipulate that the PTA shall comprise of two bodies (a)
General Body and (b) Executive Committee. It further stipulates that all
parents of the students shall be the members of the PTA and all teachers
shall be its ex officio members. No parent can continue as a member or
office bearer of PTA if his/her ward has left the school. The guidelines
provide for elections of the Executive Committee to be held in the last
week of April every alternate year. The General Body meeting is to
held at least once a year.
3. The petitioner in WP (C) No.2928/2010 is a minority unaided
school recognized by the Directorate of Education, Delhi. The
petitioner in the said writ petition is aggrieved from the aforesaid
circular dated 12.4.2010 and claims that the said circular is violative of
Article 30 of the Constitution of India. The petitioner in the said writ
petition is, therefore, seeking the following reliefs:
"(i) issue a writ, order or direction in the nature of Certiorari
to respondent No.1 thereby quashing the impugned circular
No.1913 dated 12.4.2010 issued by respondent No.1,
(ii) issue a writ, order or direction in the nature of Mandamus
thereby directing the respondent No.1 to withdraw the
impugned circular or to issue a clarification to the effect that the
impugned circular No.1913 dated 12.4.2010 is not applicable to
the minority unaided educational institution, i.e., the petitioner
No.1 as per the provisions of Article 30 of the Constitution of
India.
(iii) Issue a writ, order or direction in the nature of mandamus
thereby directing the respondents to implement the provisions
of Article 30 in the minority unaided schools or institutions."
4. WP (C) No.6689/2010 has been filed by Faith Academy Parents
Association (Regd.), seeking directions to the respondents in the said
writ petition which includes Faith Academy School, petitioner in WP
(C) No.2928/2010 to constitute a Parents-Teachers Association in the
said school, in terms of the directions dated 12.4.2010 issued by the
Directorate of Education, Delhi. The following are the reliefs claimed
in the said petition:
"(i) Mandamus calling for the relevant records from the
respondents and directing respondent Nos.1 to 3 to ensure that
all the aided and unaided schools, including respondent No.4
herein, which have no yet constituted Parents Teachers
Association (PTA, in short) in accordance with the
directions/guidelines contained in the said order dated
12.04.2010 (Annexure: P-7) constitute the PTA with immediate
effect within a time frame and to take stringent action in
accordance with the Delhi School Education Act, 1973 (in
short, Act) against those schools/their managements which fail
to comply such directions. Further, to ensure that no
aided/unaided recognized private school is allowed to constitute
PTA and Management Committee which are not in accordance
with the directions issued under the Act & the Rules."
5. In its counter affidavit in WP (C) No.2928/2010 respondent
No.1/Government of NCT of Delhi has defended the circular dated
12.4.2010 and it is claimed that the said respondent has no intention to
impinge upon the rights conferred upon the petitioner by Article 30 of
the Constitution of India. It is also pointed out in the counter affidavit
that the writ petition does not specify any particular paragraph of the
said circular dated 12.4.2010 as violative of Article 30 of the
Constitution of India.
6. Rule 43 of the Rules reads as under:
"43. Power to issue instructions - The Administrator may, if
he is of opinion that in the interest of school education in Delhi
it is necessary so to do, issue such instructions in relation to any
matter, not covered by these rules, as he may deem fit."
It would, thus, be seen that Rule 43 of the aforesaid Rules
empowers the Administrator of Delhi to issue any instructions in
relation to any matter which is not specifically covered by the Rules as
he may deem appropriate. The aforesaid power of the Administrator
under Rule 43 of the Rules has been delegated to the Director of
Education, Delhi. Thus, the circular dated 12.4.2010 is nothing but
instructions issued by the Administrator of Delhi through its delegate, in
terms of the powers conferred upon him by Rule 43 of the aforesaid
Rules.
7. There is no specific Rule in Delhi School Education Rules dealing
with the constitution of the Parents-Teachers Association in a school.
Therefore, the Administrator, in exercise of the powers conferred upon
him by Rule 43 above, was competent to issue the aforesaid circular
dated 12.4.2010, prescribing the constitution of the PTA and the manner
in which the elections to the Executive Committee of the PTA shall be
held in each school. No exception to the said instructions has been
issued under Rule 3 can be taken unless it is in conflict with any specific
provisions of Delhi School Education Act, 1973 or Delhi School
Education Rules, 1973. On a conjoint reading of Rule 59 with
instructions issued in exercise of the powers conferred upon the
Administrator by Rule 43, it becomes quite clear that the Parents-
Teachers Association in a school including a minority school is to be set
up, its Executive Committee is to be elected and meetings are to be held
in terms of the instructions dated 12.4.2010. The learned senior counsel
for the petitioner states that their concern is with respect to election of a
parent in terms of Rule 59 (1) (b) (ii) to the Managing Committee of the
school and since the proviso to the said Rule expressly empowers the
society or the trust by which the unaided minority school is run, to
nominate a parent to the Managing Committee of a school, instead of
such a parent being elected by the Parents-Teachers Association, she
contends that the PTA in a minority school should not hold any election
for nominating a parent to the Managing Committee of the petitioner-
Society. As noted earlier, the instructions dated 12.4.2010 do not
provide for election of a member of the Managing Committee by the
Parents-Teachers Association. In any case, in view of the proviso to
Rule 59, as extracted hereinbefore, if the society or the trust which is
running a minority school makes such a nomination obviously the
Parents-Teachers Association of the school would have no competence
to elect one of the parents to be a member of the Managing Committee
of the school. However, except to this limited extent, the circular dated
12.4.2010 needs to be fully implemented by the petitioner-society as
well.
8. The learned counsel appearing for the respondent-Government of
NCT of Delhi submits that in the writ petition there is no reference at all
to Rule 59 of the Delhi School Education Rules and, therefore, no
contention with reference to the said Rule should be entertained during
the course of hearing. This, to my mind, makes no difference for two
reasons - firstly the instructions dated 12.4.2010 itself do not deal with
an election of parent to be the member of the Managing Committee of
the school and secondly any argument based upon the statutory Rule can
certainly be entertained even if there is no reference to the Rule in the
pleadings. Since in view of the proviso to Rule 59 (1) of Delhi School
Education Rules, the PTA of a minority school would have no
competence to elect a parent to be a member of the Managing
Committee of the school, in case a parent who is a member of the PTA
is nominated by the society or trust which runs the minority school, to
be a member of the Managing Committee, the legal position needs to be
made clear so as to avoid any dispute in future in this regard.
9. For the reasons stated hereinabove, both the writ petitions are
disposed of with the direction that the circular dated 12.4.2010 shall be
made applicable, to the minority school being run by the petitioner in
WP (C) No.2928/2010 but the Parents-Teachers Association of the
school would not be competent to elect one of the parents to be a
member of the Managing Committee of the school in case such a parent
is nominated by the society which runs the school to be a member of the
Managing Committee. No order as to costs.
OCTOBER 03, 2013 V.K. JAIN, J.
b'nesh
