Delhi High Court
Mahua Gupta & Ors. vs Directorate Of Education & Ors. on 4 April, 2018
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 04.04.2018
+ W.P.(C) 9146/2017 & CM No.37428/2017
MAHUA GUPTA & ORS ..... Petitioners
Through: Mr.Shohit Chaudhry,
Ms.Gunjan Bansal &
Mr.Kushagra Nigam, Advs.
versus
DIRECTORATE OF EDUCATION & ORS ..... Respondents
Through: Mr.Ramesh Singh, Standing
Counsel & Mr.Aniruddha
Deshmukh, Adv. for GNCTD.
Mr.Jayant Sud, Sr. Adv. with
Ms.Honey Khanna, Advs. for
R-3
Mr.Amitesh Kumar, Adv. for
R-2 & 4.
Mr.Rajan Chawla & Mr.S.B.
Singh, Advs. for R-5.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
REKHA PALLI, J (ORAL)
CM No.11929/2018
1. Pursuant to the last order dated 23.03.2018, learned
counsel for respondent Nos.2 and 4 submits that he has
instructions to state that the respondents are not insisting that
any student should purchase the entire set of books from any of
their book shops or the website and submits that the students
would be free to purchase any individual book/books, which
they so desire.
2. It is accordingly ordered that the respondent Nos.2 and 4
will be bound by their undertaking and the students would be
permitted to buy individual books, if they so desire.
3. The application stands disposed of.
W.P.(C) 9146/2017 & CM Nos.37428/2017 & 11928/2018
1. Vide the present petition, the petitioners, who are parents
of children studying in respondent No.2-school, have
approached this Court inter alia for a direction to respondent
No.1 to conduct an inquiry on the alleged illegal hike of fees by
the respondent No.2-school. The petitioners have also prayed
that the respondent No.1 ought to take steps to ensure that
respondent No.2 enhances the fees only in accordance with the
provisions of Delhi School Education Act & Rules as also the
various circulars issued by respondent No.1 from time to time.
The petitioner has also sought a direction to respondent No.1 to
conduct a complete financial audit of the respondent No.2-
school.
2. Today, Mr.Ramesh Singh, learned Standing Counsel for
respondent No.1 submits that based on the complaints made by
the petitioners and 'Delhi Parents Association for Schools' the
respondent No.1 is giving its serious consideration to the matter
and an inquiry is already being conducted by the respondent
No.1, during the course of which, the aforesaid complainant-
association has also been given a hearing. He further submits
that based on the preliminary inquiry, comments have been
sought from respondent No.2 school. A copy of the preliminary
report has been handed over to learned counsel for the
petitioner.
3. Learned counsel for the petitioners submits that at this
stage, the petitioners would be satisfied, if before finalizing the
inquiry, at least two of the petitioners are given a personal
hearing by respondent No.1. Mr.Ramesh Singh, learned counsel
for respondent No.1 does not have any objection to the
aforesaid course of action.
4. Learned counsel for the petitioner further submits that the
respondents may be directed to take expeditious steps to finalize
the inquiry and take appropriate steps as per the provisions of
Delhi School Education Act and its circulars.
5. Accordingly, the petition is disposed of with a direction
to respondent No.1 to finalize the ongoing inquiry within 12
weeks from today after giving a personal hearing to two of the
petitioners, who will appear before respondent No.1 as and
when directed, with an authority letter from the remaining
petitioners. It is expected that before finalizing the inquiry
report, respondent No.1 will examine all the issues raised by the
petitioners. Needless to say in case the respondent Nos.2 to 5
are found to be in breach of any provision of the DSE Act/Rules
or circular, respondent No.1 will take steps expeditiously as per
law.
6. The petition as well as pending application are disposed
of with the aforesaid directions.
7. In case, the petitioners are still aggrieved, it will be open
for the petitioners to take legal recourse as permissible under
law.
REKHA PALLI
(JUDGE)
APRIL 04, 2018
gm
