*IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 8th March, 2011
+ W.P.(C) 1302/2010 & CM No.2095/2011 (of the petitioner for
placing order dated 21st January, 2011 passed in SLP
No.627/2011 for disposal of the writ petition)
% SIDDHARTH INTERNATIONAL
PUBLIC SCHOOL ...........Petitioner
Through: Mr. R.M. Singh, Adv.
Versus
GOVT.OF N.C.T.OF DELHI ..... Respondent
Through: Mr. Sunil Bagai, Adv.
CORAM :-
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
1. Whether reporters of Local papers may
be allowed to see the judgment? No
2. To be referred to the reporter or not? No
3. Whether the judgment should be reported No
in the Digest?
RAJIV SAHAI ENDLAW, J.
1. The writ petition has been filed seeking mandamus to the
Directorate of Education of the Govt. of NCT of Delhi to upgrade the
petitioner, a Middle School, to Secondary Level. Notice of the writ
W.P.(C) No.1302/2010 Page 1 of 8
petition was issued. Pleadings have been completed. The counsels have
been heard.
2. The petitioner, Siddharth International Public School, Opposite
Pocket-B Park, Gurdwara Road, Dilshad Garden, Delhi being run by Ravi
Bharti Shiksha Samiti, a Society registered under the Societies Registration
Act, 1860 was allotted a plot of land on which the petitioner School is
situated by the Delhi Development Authority (DDA) for the purposes of
setting up a Middle Level School and was vide letter dated 13 th June, 2007
of the Directorate of Education granted recognition from classes Ist to
VIIIth. The petitioner claims to be successfully running the said Middle
School since the academic year 2007-08.
3. The petitioner School on 31st August, 2007 applied for upgradation
from as a Middle School to a Secondary School i.e. having classes till X th
standard. The Deputy Director of Education, North East conducted an
inspection of the petitioner School on 21 st February, 2008 for finding out
whether the petitioner School was deserving of the said upgradation or not.
A favourable report dated 16th July, 2008 submitted. The petitioner School
claims that notwithstanding the same and notwithstanding the petitioner
W.P.(C) No.1302/2010 Page 2 of 8
School having given replies to the notices dated 20 th November, 2008, 12th
January, 2009 and 6th March, 2009 issued by the respondent to the
petitioner School, satisfying the respondent that the petitioner School
complies with all other requirements and further, notwithstanding the
petitioner School having removed the deficiencies pointed out in the said
notices, the request of the petitioner School has not been acceded to.
Hence, this writ petition.
4. The respondent in its counter affidavit has pleaded that the petitioner
School cannot be granted upgradation for the reason of the allotment of the
land by the DDA being for a Middle School only. It is also contended that
serious allegations had been made against Ravi Bharti Shiksha Samiti; that
it had been learnt that the members of the said Society and their family
members have floated various Societies to fleece the masses. It is
contended that All India Siddharth International Educational Society
running Vaishali International School at 472A Bhola Nath Nagar,
Shahdara, Delhi is one such Society and which School has since been
closed with huge arrears of emoluments to the teachers. It is also
contended that the petitioner had illegally started classes IX th and Xth from
W.P.(C) No.1302/2010 Page 3 of 8
2nd July, 2007 i.e. even before the date of its application for upgradation. It
is contended that no replies have been given to the notices issued and the
petitioner School has failed to satisfy the respondent with respect to the
deficiencies pointed out. It is also contended that a notice dated 2 nd July,
2009 has been issued for withdrawal of recognition of all Schools
including the petitioner School for the reason of being associated with All
India Siddharth International Educational Society.
5. The counsel for the petitioner School controverts that the notice
dated 2nd July, 2009 was received by the petitioner School. From the face
of the said notice also, it is not clear whether the said notice was sent to the
petitioner School or not. In any case, the admitted position is that no reply
has been given by the petitioner School to the said notice.
6. I have enquired from the counsel for the respondent as to the action,
if any taken in pursuance to the notice dated 2 nd July, 2009. No action is
stated to have been taken till now.
7. I have enquired from the counsel for the respondent as to whether
the guidelines for upgradation of School copy whereof has been handed
over in the Court, provides for denial of upgradation to a School run by a
W.P.(C) No.1302/2010 Page 4 of 8
Society which has members in common with another Society running
another School and against which School there may be allegations of
malpractice. No definite reply is forthcoming.
8. The counsel for the petitioner School denies any connection between
the petitioner School on the one hand and Vaishali International School or
All India Siddharth International Educational Society on the other hand. It
is contended that coincidently the name of petitioner School is same as of
Society running Vaishali International School.
9. Prima facie it appears that if for the reason of commensality if any,
the recognition already granted is not to be withdrawn, then on the same
parity, the upgradation should not be denied.
10. With respect to the objection qua the land having been allotted for
Middle School only, attention is invited to the Notification dated 12 th
January, 2004 of the Directorate of Education permitting grant of
recognition one level above from the level of the School mentioned in the
lease deed. It is thus contended that the petitioner School even though
having been allotted land for a Middle School, is entitled to recognition
upto the level of Secondary School, being the level above the Middle
W.P.(C) No.1302/2010 Page 5 of 8
School.
11. The counsel for the petitioner School during the course of hearing
has suggested that since it is the stand of the respondent that it had not
received the replies stated to have been given by the petitioner School to
the notices, the petitioner School be given an opportunity of hearing before
the respondent to satisfy the respondent as to all the deficiencies pointed
out in the notices having been removed. It is also offered that the
respondent if so desires may conduct another inspection of the petitioner
School to satisfy itself of the eligibility of the petitioner School for
upgradation.
12. It is also deemed appropriate to grant an opportunity to the petitioner
School to reply to the noticed dated 2 nd July, 2009 (supra) so as to enable
the petitioner School to satisfy the respondent that the petitioner School is
distinct from All India Siddharth International Educational Society and/or
Vaishali International School.
13. It has been enquired from the counsel for the respondent whether the
respondent needs to issue any further notice eliciting any further
information or pointing out any further deficiencies, from in the petitioner
W.P.(C) No.1302/2010 Page 6 of 8
School, for adjudicating the application of the petitioner School for
upgradation. The answer is in the negative.
14. In the circumstances, the writ petition is disposed of with the
following directions:-
(i) The petitioner School to within four weeks from today submit
to the respondent further replies/copies of replies already submitted
to the notices dated 20th November, 2008, 12 th November, 2009, 6 th
March, 2009 and 2nd July, 2009.
(ii) The petitioner School to appear before the Directorate of
Education for personal hearing on 20th April, 2011 at 1100 hours and
on such subsequent dates as may be fixed.
(iii) The Directorate of Education shall be entitled to at any time if
so desires, conduct another inspection of the petitioner School for
the purposes of taking a decision on the application of the petitioner
School for upgradation. If the inspection is carried out and any fresh
deficiencies are found, the notice with respect thereto shall be given
and the petitioner School shall have an opportunity to remedy/meet
the same.
W.P.(C) No.1302/2010 Page 7 of 8
(iv) The Directorate of Education to pass a speaking/reasoned
order on the said application on or before 31 st May, 2011. The said
order to also record reasons for the commensality, if any found in
All India Siddharth International Educational Society and Ravi
Bharti Shiksha Samiti and the reasons for denying upgradation for
the said commensality.
No order as to costs.
Copy of this order be given Dasti to counsels for the parties under
signature of the Court Master.
RAJIV SAHAI ENDLAW
(JUDGE)
MARCH 08, 2011
bs
W.P.(C) No.1302/2010 Page 8 of 8