Sh. Sujeet Swami And Anr. vs Union Of India And Ors
2019 Latest Caselaw 5584 Del

$~30

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                  Date of Decision: 13th November, 2019

+      W.P.(C) 11501/2019
       SH. SUJEET SWAMI AND ANR.                ..... Petitioners
                     Through: Dr. Dinesh Rattan Bhardwaj, &
                     Mr.J.N. Patel, Advs.

                         versus

       UNION OF INDIA AND ORS.                      ..... Respondents
                     Through: Mr. Ripu Daman Bhardwaj, CGSC
                     with Mr. T.P. Singh, Adv. for R-1 & R-2

       CORAM:
       HON'BLE THE CHIEF JUSTICE
       HON'BLE MR. JUSTICE C.HARI SHANKAR

                                   JUDGMENT

D.N. PATEL, CHIEF JUSTICE (ORAL)

1. This so-called Public Interest Litigation has been preferred with the following prayers:

"(i) Issue writ of mandamus or order directing Respondent No. 1 to 2 to adhered to and give effect to Respondent No. 2's Notification dated 28.07.2016 bearing No. 32-37/2016-TS-l by phasing out the private school running in the campus of Respondent No. 4 to 11 by establishment of Kendriya Vidyalaya in a timely manner; and

(ii) Respondent No. 1 and 2 be directed to assess the actual loss caused to the Government exchequer by the action of the NT's running private school in its Campus; and

(iii) Recovery of revenue losses from Respondent No. 4 to 11, on current commercial market rate, caused to the Government of India by allowing IITs premises to be used by private schools for miniscule or NIL lease rent, and

(iv) Such further and other reliefs as the court may deem fit in the facts and circumstances of the case."

2. Having heard the learned counsel for petitioners and looking into the facts and circumstances of the case, it appears that this petitioner wants execution of letter issued by the Ministry of Human Resource Development, Department of Higher Education, Technical Section-1, which is dated 28th July, 2016.

3. Having heard the learned counsel for petitioners and looking to the aforesaid letter of the Ministry of Human Resource Development, we hereby direct the respondents to take action in accordance with law, rules, regulations and government policy applicable to the facts of the present case after looking to the aforesaid letter dated 28th July, 2019 which is at Annexure-1 to the memo of this writ petition.

4. With these observations, this writ petition is hereby disposed of.

CHIEF JUSTICE

C.HARI SHANKAR, J

NOVEMBER 13, 2019 ns