Delhi High Court
Naya Samaj Appejay Parents ... vs Government Of Nct Of Delhi & Ors on 13 February, 2018
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1011/2018 & CM Nos.4293-94/2018
NAYA SAMAJ APPEJAY PARENTS ASSOCIATION AND
ANR ..... Petitioners
Through: Mr.Parveen Chaturvedi with
Mr.Dilbag Singh, Advs.
versus
GOVERNMENT OF NCT OF DELHI & ORS..... Respondents
Through: Mr.Satyakam, ASC with
Dr.A.K. Tyagi, DEO, Zone-23
for R-1.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 13.02.2018
1. Vide the present petition, the petitioner No.1 which is
admittedly an unregistered association has approached this
Court with the following prayers:-
"a) Pass a writ in the nature of mandamus or any
other appropriate writ to the Respondent no.1 & 4 to
audit the accounts of the Respondent nos.2-3 in time
bound manner; and;
b) Pass a writ in the nature of mandamus or any other
appropriate writ to the Respondent no.1 & 4 to furnish
the audit report before this Hon'ble Court for
appropriate orders for refund of excess fee arbitrarily
collected by Respondent nos.2-3;
c) Pass such other or further order/orders or
direction/directions as this Hon'ble Court may deem
fit and proper in the facts and circumstances of the
case."
2. Petitioner No.2 claims to be the Secretary of this
unregistered association i.e. petitioner No.1. On a query by the
Court as to how the petition is maintainable on behalf of
petitioner No.1 in its present form, learned counsel for the
petitioners submits that the petitioner No.1 has applied for
registration with the SDM Registrar of Firm and Society, Saket,
New Delhi on 10.01.2018. Be that as it may, since the
petitioner No.2 claims to be a parent of a student studying in the
respondent No.2-school i.e. Apeejay School, the respondent
No.1 were, on the last date, asked as to obtain instructions as to
whether they are taking steps to examine the accounts of the
school and carrying out inspection and supervision in
accordance with Rule 190 and 192 of the Delhi School
Education Rules.
3. Today, Mr.Satyakam, learned counsel for respondent
No.1, on instructions, from Dr.A.K. Tyagi, DEO submits that
keeping in view the statutory duty as well as complaints
received by the said respondent regarding the fee structure, fee
hike and other connected issues relating to respondent No.2-
school, the respondent No.1 has already constituted a 10
Member Committee for carrying out a detailed inspection of the
records of respondent No.2-school. He submits that upon
examination of the records and accounts of respondent No.2-
school, the inspection team will give its recommendations
within 8 weeks and submit a report about the working of the
school including the accounts maintained by the school. He
further submits that if upon examination of the records of
respondent No.2 as also the report to be given by the Special
Inspection Committee, if the need so arises, respondent No.1
would be entitled to get the accounts audited.
4. At this stage, I deem it appropriate to refer Rule 190(1)
and 192(2)(g) of the Delhi School Education Rules which are
reproduced below:-
"190. Inspection and supervision of schools -
(1)The Director shall be responsible for the
supervision and inspection of all recognised schools,
whether aided or not.
192(2) In making the inspection the following items
shall be critically examined, namely:
(g) Accounts of the school and their
maintenance"
5. Having heard learned counsel for the parties, I am of the
considered opinion that in view of the statutory duty imposed
upon respondent No.1 and consequential steps being taken by
respondent No.1 to carry out a detailed inspection of respondent
No.2-school, the prayers made by the petitioner no longer
survives.
6. It is however, made clear that in case after the proposed
inspection is completed by respondent No.1, the petitioner is
still aggrieved, he will be at liberty to take appropriate steps as
permissible under law.
7. The petition is disposed of with the aforesaid directions.
The pending applications also stand disposed of.
REKHA PALLI, J
FEBRUARY 13, 2018
gm
