Action Committee Unaided ... vs Directorate Of Education
2016 Latest Caselaw 4965 Del

$~68
*        IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                      Judgment delivered on: 29.07.2016

+        W.P.(C) 6612/2016 & CM No. 27109/2016
ACTION COMMITTEE UNAIDED RECOGNIZED
PRIVATE SCHOOLS                                                       ..... Petitioner

                             versus

DIRECTORATE OF EDUCATION                                            ..... Respondent

Advocates who appeared in this case:

For the Petitioner           :Mr Amit Sibal, Sr. Adv. with Mr. Kamal Gupta, Advocate

For the Respondents          : Mr. S.K. Tripathi, ASC for GNCTD

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                                  JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

CM No. 27110/2016 (Exemption)

Allowed, subject to all just exceptions.

W.P.(C) No. 6612/2016

1. The petitioner is a registered association of about 450 private

unaided recognized schools functioning in Delhi. The petitioner seeks

extension of time for filing/uploading the returns and furnishing

documents as per Appendix-II of Delhi School Education Act Rules,

1973. It is contended that by judgment dated 19.01.2016, a public

interest litigation was disposed of directing the Directorate of Education

to ensure compliance of the terms of the Letter of Allotment. A review

petition was filed which has been disposed of on 27.07.2016. It is

contended by the petitioner that since the review petition has been

disposed of only on 27.07.2016, it would be practically impossible for the

schools to file returns and furnish requisite documents by 31.07.2016. It

is in these circumstances that extension of time is prayed for.

2. Reference is made to the order dated 31.05.2016 passed in W.P.(C)

5256/2016, titled 'Action Committee Unaided Vs. Directorate of

Education, NCT of Delhi', wherein deadline for filing the returns and

furnishing of documents was extended till 31.07.2016.

3. Learned counsel appearing for the respondent submits that in case

time is extended by three months, as prayed for, grave prejudicing would

be caused to the students studying in various schools. He however,

submits that in view of the difficulties expressed, a reasonable time may

be granted so that schools comply with the directions of filing the returns

and furnishing the documents.

4. In view of the above, the time for filing returns and furnishing the

documents is extended till 22.08.2016. It is clarified that the members of

the petitioner - association who are covered by the judgment in W.P.(C)

No. 4109/2013, titled 'Justice for All Vs. Govt. of NCT of Delhi', shall

not implement or levy any fee hike till 22.08.2016. It is clarified that the

present order is applicable only to the petitioner-association as well as the

members of the petitioner and the same has been passed without

prejudice to the contentions of the parties.

5. The writ petition is accordingly disposed of.

6. Copy of the order be given dasti under the signatures of the Court

Master.

SANJEEV SACHDEVA, J JULY 29, 2016 'rs'