{"id":168926,"date":"1997-04-23T00:00:00","date_gmt":"1997-04-22T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/adhey-sham-sharma-vs-lt-governor-on-23-april-1997"},"modified":"2018-05-24T10:04:34","modified_gmt":"2018-05-24T04:34:34","slug":"adhey-sham-sharma-vs-lt-governor-on-23-april-1997","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/adhey-sham-sharma-vs-lt-governor-on-23-april-1997","title":{"rendered":"Adhey Sham Sharma vs Lt. Governor on 23 April, 1997"},"content":{"rendered":"
Delhi High Court<\/div>\n
Adhey Sham Sharma vs Lt. Governor on 23 April, 1997<\/div>\n
Author: Y Sabharwal<\/div>\n
Bench: Y Sabharwal, D Jain<\/div>\n<\/p>\n
<\/pre>\n
JUDGMENT<\/p>\n
Y.K. Sabharwal, J. <\/p>\n
1. The petitioners are teachers in respondent No.4 School. The school  is managed and run by respondent No.5 – Society. Earlier too, there was  litigation  between  the petitioners and the school. It was  subject-matter  of Writ Petition No.4203\/94. In that petition the allegations of the  teachers were that they were forced to refund the amount of salaries paid to them by account payee cheques and they had been forced to give resignation letters. The  alleged resignation letters were, however, not found in the record  of the  respondents  4 and 5. The Court, therefore, while  disposing  of  that petition on 5th July, 1995 directed that in view of the fact that no resignation  letters have been found in the record of the respondents,  the  respondents will not be able to use any such alleged resignation letters.  It was further observed that even otherwise such resignation letters cannot be accepted  by the respondents without approval of the Directorate of  Education under the Delhi Education Act and the Rules.\n<\/p>\n
2.   The main prayer in the present writ petition is that respondents 1  to 3,  namely, Director of Education etc. be directed to exercise power  under Section 20 of Delhi Education Act to take over the management of the school and the same shall be run by the said respondents i.e. respondents 1 to  3. The petitioners have alleged serious acts of omission and commission by the school management. On 20th November, 1995 the same Bench which had disposed of  the  earlier writ petition on 5th July,1995, while  issuing  notice  to respondents to show cause why rule nisi be not issued, directed the  school to release the salary of the petitioners which is due to them according  to the school. On 10th April, 1996 on C.M.2555\/96 this Court directed respondents  4 and 5 not to close the school without the prior approval of  Directorate  of Education. On or about 10th May, 1996 the petitioner filed  C.M. 3481\/96  seeking directions to respondents 4 and 5 to open the  school  and
\nrun  the  same forthwith failing which respondents 2 and 3 be  directed  to take  over  the control and management of the school and run  the  same  in future.  It  has been, inter alia, pleaded by the petitioners  that  before alleged closure of the school no approval was sought by respondents 4 and 5 from  the Directorate of Education. In fact, there is no dispute that  such an  approval was not taken. The case of respondents 1 to 3 also is that  no approval  was accorded by them for the closure of the school. The  case  of the school also is not that any such approval was granted by respondents  1 to 3. Their case at the highest is that vide communication dated 1st March, 1996  they had informed the Directorate of Education regarding  closure  of the  school with effect from 31st March, 1996 and this letter was  followed by  another letter dated 29th March, 1996. The receipt of these  communications  is being disputed by Directorate of Education. The  Delhi  Education
\nAct  and the Rules framed thereunder require prior approval of  Directorate of  Education  before closure of the school. On 10th April,  1996  we  also directed  respondents  4 and 5 not to close the school without  such  prior approval.  The case made out that the school was closed prior  10th  April, 1996, prima facie, seems to be wholly misconceived. The school could not be closed without receipt of approval from Directorate of Education.  Further, the respondents 4 and 5 in regard to the property wherefrom the school  was being run has taken the stand that its possession was handed over to  owner on  1st April, 1996. The person to whom the possession is alleged  to  have been handed over is none other than the wife of Manager of the school. On a letter  purported to have been sent by husband to the wife and bearing  the date 29th March, 1996 the endorsement is said to have been made by the wife that she has taken over possession of the building on 1st April, 1996.\n<\/p>\n
3.   The  case of the Directorate of Education is that the alleged  closure of the school by respondents 4 and 5 is illegal. On 26th September, 1996 we adjourned  the matter to 29th October, 1996 so that the respondents 1 to  3 may consider what action can be taken against respondents 4 and 5 under the circumstances aforesaid. In that order, we have also said that “The contention  of  the  petitioner that the alleged closure with  effect  from  31st March, 1996 was illegal and void, since admittedly, no approval as  contemplated  by  Rule 46 was obtained and that the teachers continue  to  be  in employment  of  the school and the alleged fraudulent handing over  of  the possession of the school by respondent No. 4 to the landlady which is  none other than the wife of the Manager of the school and has no consequence  in law,  would be considered after the Administrator passes an order, if  any, under Section 20 of the Act”. We, however, directed in the said order  that no interest would be created in the premises in which school was being run.\n<\/p>\n
4.   On  behalf  of Directorate of Education, in answer to question  as  to what  action  is proposed to be taken against the management, it  has  been stated that in the facts of the case the school not being in existence  the only  action  taken by the respondents is to treat the recognition  of  the school  as  lapsed under Rule 55 of the Rules. Regarding the  fate  of  the students  and  teachers  the affidavit states that students  who  have  approached have been given admission in other schools but the teachers cannot be  accommodated  as the school being unaided public school,  there  is  no provision  under the Act to accommodate the teachers. It is  nobody’s  case that  unaided  school cannot be taken over under the  provisions  of  Delhi Education  Act. The ground that school is not in existence because  of  its alleged closure from 1st April, 1986 will have to be examined in the  light of facts and circumstances noticed hereinbefore.\n<\/p>\n
5.   Considering  the  aforesaid circumstances, we issue rule in  the  writ petition.\n<\/p>\n
6.   Having regard to facts noticed above, prima facie, it appears that respondents 4 and 5 are trying to hoodwink everyone concerned. The conduct of the  school and the effect of the alleged closure is that students  had  to take admission elsewhere; the teachers are without job and the Director  of Education  says  that the teachers cannot be accommodated.  The  manner  of alleged  handing over of the school property to wife so also the manner  of the  alleged closure has already been noticed above and for the present  we would say no more. Prima facie, we are unable to accept the contention that the  school is not in existence. Under these circumstances, we direct  that as interim measure the Director of Education shall take over the management of the school as also of the movable and immovable properties and funds  of respondent  school. All the properties of the school as were  in  existence prior  to  31st March, 1996 shall be handed over to Director  of  Education
\nwithin  a period of three weeks. The custody of the Director  of  Education would  be  deemed to be the custody of the Court. As  an  interim  measure, respondents  1  to 3 would run the school from the  premises  in  question. Hopefully, there would be no difficulty in school getting the students from the forthcoming academic session. In case Directorate of Education finds it difficult  to  run the school, the same would be run  by  the  petitioners-teachers. The decision to this effect shall be taken by the Directorate  of Education within a period of six weeks. These interim directions are  without prejudice to the rights and contentions of the parties. From the assets of the school every possible attempt will be made to pay the past salary of the petitioners. The observations made herein will not affect the merits of submissions  made when the writ petition is finally argued.  Cms.  7249\/95, 2555  and  3481 of 1996 are disposed of in the above terms. A copy  of  the
\norder be given dasti to Counsel for the parties.<\/p>\n","protected":false},"excerpt":{"rendered":"
Delhi High Court Adhey Sham Sharma vs Lt. Governor on 23 April, 1997 Author: Y Sabharwal Bench: Y Sabharwal, D Jain JUDGMENT Y.K. Sabharwal, J. 1. The petitioners are teachers in respondent No.4 School. The school is managed and run by respondent No.5 – Society. Earlier too, there was litigation between the petitioners and the […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[14,8],"tags":[],"class_list":["post-168926","post","type-post","status-publish","format-standard","hentry","category-delhi-high-court","category-high-court"],"yoast_head":"\nAdhey Sham Sharma vs Lt. 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