Delhi High Court
Shri Kamdar Education Trust ... vs Delhi Public School Society on 15 October, 2018
SINDHU KRISHNAKUMAR
16.10.2018 17:14
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 15th October, 2018
+ O.M.P.(I) (COMM.) 393/2018 & I.A. 13734/2018
SHRI KAMDAR EDUCATION TRUST RAJKOT ..... Petitioner
Through: Mr. Zafar Khurshid, Mr.
Vikramaditya Singh and Mr. Aadil
Singh Boparai, Advocates.
(M:8587010129)
versus
DELHI PUBLIC SCHOOL SOCIETY ..... Respondent
Through: Mr. Puneet Mittal, Senior Advocate
with Ms. Vasudha Bajaj, Advocate.
(M:9999621225)
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. The present petition has been filed by the Petitioner under Section 9
of the Arbitration and Conciliation Act, 1996 challenging the termination
notice dated 28th March, 2018 issued by the Delhi Public School Society,
terminating the arrangement between it and the Petitioner.
2. The Petitioner - Shri Kamdar Education Trust, Rajkot had entered into
an agreement with the Respondent on 22nd October, 2001 by which the
Petitioner had commenced a school under the name of Delhi Public School,
Rajkot. Under the said agreement, the Petitioner used to pay an annual fee
for running the school as a joint venture of the Respondent. The said
agreement was renewed from time to time. Lastly, an agreement dated 25th
September, 2014 was entered into, after the school was operating for more
than 15 years. The said agreement dated 25th September, 2014, contains the
following termination clause:
"13. If any of the parties hereto at any time wishes to
terminate this Agreement it shall do so by giving at
least six months prior notice in writing to the other
PARTY of such intention, provided that such
termination shall be effective only at the close of the
academic session then underway."
3. For various reasons, the Respondent issued a termination letter dated
28th March, 2018 which reads as under: -
"DPSS: ADMN: 2017-18/2758
Shri R.V. Kamdar
Chairman
M/s Shri Kamdar Education Trust
5th Floor, Neptune Tower,
Opp. Jalaram Petrol Pump,
Kalavad Main Road, Rajkot- 360001
Dear Sir,
This has reference to the Agreement signed between
the Delhi Public School Society and M/s Shri Kamdar
Education Trust (SKET) on September 25, 2014 for
Delhi Public School, Rajkot at Kalawad Main Road,
Opp. Jalaram Petrol Pump, Rajkot-360001
Please be informed that the competent authority of the
DPS Society has decided to invoke Clause no. 13 and
hereby gives notice for termination of the above said
Agreement with effect from April 01, 2019.
Consequently, SKET will not use the Name/Logo of
Delhi Public School or any other symbol, logo, name
or actronym similar, identical or deceptively similar
name/logo/motto of DPSS even if it desires to run a
school in the same premises or elsewhere after March
31, 2019 i.e. at the end of the Academic year 2018-19.
Yours sincerely,
Sd/-
R. Taneja
Secretary"
4. The agreement between the parties contains the following arbitration
clause:
"16. All questions/ issues relating to the interpretation
and meaning of this Agreement and any other dispute
and difference arising between the parties hereto either
during subsistence of this Agreement or upon
termination hereof shall be referred to the sole
arbitration of a nominee of the Chairman, DPSS and
whose decision shall be final, conclusive and binding
on the parties to this Agreement."
5. The basic grievance of the Petitioner is that it is a school which has
been running for more than 15 years and it has several students who are
enrolled on its rolls who are being imparted education. The concern which is
of immediate nature is the fact that the students who constitute the batch of
class 9th and 11th currently would be filling their forms for appearing in the
class 10th and 12th Board Exams in the academic session 2019-20
(`transition batch'). The non-registration of these children would result in
enormous injury to their educational interest and careers if the name of the
school is not used for registering the said students. They may have to leave
the school and look for an alternate school. The Petitioner wishes to invoke
arbitration and also challenge the legality and validity of the termination.
The relief in the present petition, however, is restricted by learned counsel
for the Petitioner only in respect of children who are studying in classes 9
and 11.
6. Insofar as the students who will be appearing for the Board Exams for
class 10th and 12th in the academic session 2019-20 are concerned, Mr.
Mittal submits that they may be permitted to fill their forms and obtain their
certificates in the current name. Insofar as the other issues are concerned, he
submits that if the Petitioner invokes arbitration, the Respondent would be
entitled to defend the same in accordance with law.
7. Accordingly, it is directed that the children in the transition batch
currently studying in class 9th and 11th may register themselves with the
Central Board of Secondary Education for class 10th and 12th Board Exams
for the academic session 2019-20 in the current name of the school i.e.,
Delhi Public School, Rajkot.
8. The certificates for the transition batch would be issued at the end of
the academic session 2019-20 in the name of Delhi Public School, Rajkot.
9. Insofar as any other reliefs which the Petitioner wishes to seek, the
Petitioner is left to avail its remedies in accordance with law. If the
Petitioner invokes arbitration, the Respondent shall appoint the Arbitrator as
per the arbitration clause and the Petitioner's rights to approach the
Arbitrator in terms of Section 17 for interim reliefs are left open.
10. The petition is disposed of in the above terms.
11. Copy of this order be given dasti under signature of the Court Master.
PRATHIBA M. SINGH
JUDGE
OCTOBER 15, 2018
Rekha
