Forum For Promotion Of Quality ... vs Lt. Governor Of Delhi & Ors
2014 Latest Caselaw 217 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+    W.P.(C) 177/2014
     ACTION COMMITTEE UNAIDED
     RECOGNIZED PRIVATE SCHOOLS              ..... Petitioner
                     Through: Mr. Neeraj Kishan Kaul, Senior
                              Advocate with Mr. P.D. Gupta,
                              Mr. Kamal Gupta, Ms. Diya Kapur,
                              Ms. Shyel Trehan, Mr. Nshant Gokhale
                              and Mr. Abhishek Gupta, Advocates.
              versus

     HONBLE LT. GOVERNOR & ORS              ..... Respondents
                   Through: Mr. Raja Ram Sundaram, Senior
                            Advocate with Mr. V.K. Tandon,
                            for respondents No.1 and 2.
                            Mr. Himanshu Bajaj, Advocate for
                            respondent No.3/UOI.
                            Mr. Ashok Agarwal, Advocate with
                            Mr. Khagesh B. Jha, Advocate for Social
                            Jurist.
                   And
52
+    W.P.(C) 202/2014
     FORUM FOR PROMOTION OF
     QUALITY EDUCATION FOR ALL               ..... Petitioner
                     Through: Mr. Sandeep Sethi, Senior Advocate
                              with Mr. Vedanata VArma and
                              Mr. Vibhor Kush, Advocates.
              versus

     LT. GOVERNOR OF DELHI & ORS            ..... Respondents
                   Through: Mr. Raja Ram Sundaram, Senior
                            Advocate with Ms. Zubeda Begum for
                            respondents No.1 and 2.
                            Mr. Himanshu Bajaj, Advocate for
                            respondent No.3/UOI.
                                      Mr. Ashok Agarwal, Advocate with
                                     Mr. Khagesh B. Jha, Advocate for Social
                                     Jurist.

       CORAM:
       HON'BLE MR. JUSTICE MANMOHAN
                       ORDER

% 10.01.2014 CM Appl. 314/2014 (exemption) in W.P.(C) 177/2014 CM Appl. 359/2014 (exemption) in W.P.(C) 202/2014 Allowed, subject to just exceptions.

Accordingly, present applications stand disposed of. W.P.(C) 177/2014 W.P.(C) 202/2014 Present writ petitions have been filed challenging the Notifications dated 18th December, 2013 and 27th December, 2013 issued by the Lieutenant Governor of Delhi, as being illegal, arbitrary and without jurisdiction.

Mr. Neeraj Kishan Kaul and Mr. Sandeep Sethi, learned senior counsel for petitioners state that the impugned Notifications are in the teeth of the Ganguly Committee's report as well as they seriously compromise the autonomy granted to private unaided recognised schools. They further state that the management quota has been done away with and education being a fundamental right, can only be curtailed by a legislative enactment and not by office orders/notifications.

Issue notice.

Mr. V.K. Tandon, Advocate and Ms. Zubeda Begum, learned counsel accepts notice for respondent Nos. 1 and 2 in W.P.(C) Nos. 177/2014 and 202/2014 respectively.

Mr. Himanshu Bajaj, learned counsel accepts notice on behalf of respondent No.3.

On the oral prayer of Mr. Ashok Agarwal, Advocate, Social Jurist, a Civil Rights Group, is impleaded as respondent No.4 in the present proceedings.

Let an amended memo of parties be filed within one week. A complete set of paper books be supplied to Mr. Ashok Agarwal.

They pray for and are granted three weeks to file their counter affidavits. Rejoinder affidavit, if any, be filed before the next date of hearing. List the matters on 11th March, 2014.

CM Appl. 313/2014 in W.P.(C) 177/2014 CM Appl. 358/2014 in W.P.(C) 202/2014 Issue notice.

Learned counsel appearing for respondents/non-applicants accept notice. Keeping in view the averments and submissions raised in the present petitions, this Court is of the view that the matters require a detailed hearing. Also, as admissions are stated to commence from 15th January, 2014, this Court is of the view that any interim order of partial stay or substitution of the Government policy at this stage would create confusion and would be detrimental to the interests of the children as well as parents of the wards who are seeking admission.

Consequently, it is directed that the matters shall be heard at the admission stage itself.

Accordingly, list on 11th March, 2014.

Order dasti under the signature of Court Master.

MANMOHAN, J JANUARY 10, 2014 js