Delhi High Court
Manoj Sharma vs Union Of India & Ors. on 8 August, 2022
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment reserved on: 05.08.2022
% Judgment delivered on: 08.08.2022
+ W.P.(C) 11634/2022
MANOJ SHARMA ..... Petitioner
Through: Ms. Amardeep Kaur & Ms. Harshal
Gupta, Advocates.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Santosh Kumar Tripathi,
Standing Counsel, with Mr. Arun
Panwar, Mr. Siddharth Krishna
Dwivedi, Mr. Aditya S. Jadhav,
Mr.Pradyumn Rao & Mr. Pradeep,
Advocates for Respondents No.2 & 3/
GNCTD.
Ms. Manisha Singh, Advocate for
Respondent No.4/ CBSE.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
JUDGMENT
SATISH CHANDRA SHARMA, C.J.
C.M. No. 34510/2022
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 11634/2022
3. The present Petition has been filed as Public Interest Litigation (PIL)
by Mr. Manoj Sharma, against Delhi Public School Society (DPSS) without
Signature Not Verified
Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:08.08.2022
14:43:47
impleading the DPSS as Respondents.
4. The Petitioner in the Writ Petition has made allegations against the
Chairman of the Society - Sh. V. K. Shunglu, and has gone to the extent in
saying that the Chairman, DPSS has cheated the Government of India.
5. The Petitioner has also raised a grievance in respect of the elections of
the Society, and after alleging mismanagement of the Society, which is
registered under the Society Registration Act, 1860, has prayed for the
following reliefs:
"
(i) Pass an appropriate order/s, direction/s to appoint an
administrator who may be a Retired Judge of the Hon'ble
Supreme Court to oversee the day-to-day affairs of the
Society till the time a fair and transparent body of
member is inducted in the DPSS; and
(ii) Pass an appropriate order/s, direction/s to Direct
Forensic Audit of the accounts of the Society; and
(iii) Pass an appropriate order/s, direction/s freezing the
bank account of the Society and the same may be
managed by the Administrator or any other person
appointed by the Administrator; and
(iv) Pass an appropriate order/s, direction/s directing
immediate suspension the Chairman, Vice-Chairman,
Working Committee and seize the powers of the members
of the Society; and "
6. This Court has heard Learned Counsel appearing for the petitioner at
length and Learned Counsel was fair enough in admitting that the Writ
Petition has been filed without impleading the DPSS as respondents.
7. There is an allegation in respect of mismanagement in respect of
elections of the Society, and a prayer has been made for suspension of
Chairman, Vice-Chairman, Working Committee, and appointment of
Retired Judge of the Hon'ble Supreme Court as administrator.
Signature Not Verified
Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:08.08.2022
14:43:47
8. In the considered opinion of this Court, the Petitioner wants roving
inquiry in respect of DPSS. He wants suspension of the Chairman, Vice-
Chairman, Working Committee without impleading them as Respondents,
and he wants that a Retired Judge of the Supreme Court should take over the
administration of the Society.
9. This Court is of the considered opinion that such a relief cannot be
granted to the Petitioner in a PIL, and in case there is an election dispute, the
same can be looked into before appropriate forum and not in a PIL filed at
the instance of the Petitioner - who has filed the PIL.
10. So far as the removal of the Chairman and other Office Bearers is
concerned, the same cannot be done at the behest of the Petition that too
without hearing the persons whose removal have been sought in the matter.
11. The Petitioner wants a roving inquiry to be done in respect of the
DPSS, and this Court does not find any reason to grant the relief as prayed
for in the Writ Petition.
12. Resultantly, the Writ Petition stands dismissed at the admission stage
itself.
(SATISH CHANDRA SHARMA)
CHIEF JUSTICE
(SUBRAMONIUM PRASAD)
JUDGE
AUGUST 08, 2022
aks
Signature Not Verified
Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:08.08.2022
14:43:47
