Somender Yadav v. Govt of NCT of Delhi

1. Allowed, subject to all just exceptions.

2. Application stands disposed of. CM APPL. 37870/2024 (interim relief)

3. The present application under Section 151 of the Code of Civil Procedure, 1908 („CPC‟), has been filed on behalf of the applicants/ petitioners, praying as follows: “a). Direct the Respondent No.3 to reinstate the name of the students on the rolls of the school and allow them to continue their studies in the school”

4. Issue notice. Mr. Santosh Kumar Tripathi, learned Standing Counsel accepts notice on behalf of respondent no. 1 (GNCTD). Ms. Sakshi Mendiratta, learned counsel accepts notice on behalf of respondent no. 3 and Ms. Mrinalini Sen, learned Standing Counsel accepts notice on behalf of respondent no. 4.

5. Mr. Manish Gupta, learned counsel for the petitioners, expresses urgency in the present matter and states that Respondent No. 3 [Delhi Public School Dwarka – hereinafter “School”] has struck off the names of students/ wards of Petitioners, from the rolls of the School. He further states that the names have been struck off, on account of nonpayment of hiked fee. Learned counsel for the petitioners also submits that the fee has been hiked without the approval of Directorate of Education (“DOE”).

6. Mr. Puneet Mittal, learned Senior Counsel appearing on behalf of the School, controverts the submissions made by the learned counsel for the petitioners and submits that relief sought in the present petition, was sought by similarly placed petitioners, in W.P. (C) 8579/2024.

7. In the interregnum, it is directed that without prejudice to the rights and contentions of the respective parties and subject to the petitioners depositing 50% of the hiked school fee only for the academic year 2024-25, the names of the wards of the petitioners be restored on the rolls of the school in their respective classes, subject to the final outcome of the present writ petition. The present order is being passed keeping in view the future and saving the academic year of the petitioners herein.

8. The application is accordingly disposed of, in the above terms. W.P.(C) 9243/2024

9. The present petition has been filed under Article 226/227 of the Constitution of India, seeking the following relief: “a. Issue appropriate directions/Orders to the Respondent No. 1 and 2 (office of the DOE, Delhi) to issue appropriate directions to the Respondent No. 3 to immediate reinstate the wards of the Petitioners and only approved fees shall be charges by the Respondent No. 3 for academic year 2024-25; b. Issue appropriate directions/Orders to the Respondent No. 3 School to immediately refund the excess amount lying with them to the extent of Rs. 59,000/- for the academic year 2023-24 on account 44 of the Order dated 22.05.2024 passed by the office of the Respondent No. 2; c. Issue appropriate directions/Orders to the Respondent No. 3 School to also refund the excess amount lying with them for the previous years prior to academic session 2023-24 amounting to Rs. 1,76,000/- (total is Rs. 2,35,000/- if the amount of Rs. 59,000/- is included for the academic year 2023-24); d. Issue appropriate directions/Orders to the Respondent No. 4 (Delhi Development authority) to cancel the allotment of land of Respondent No.3; e. Issue appropriate directions for immediate takeover of the school as per the DSEAR, 1973; f. Issue appropriate directions/Orders to the Respondent No.3 School to strictly comply with the directions of the Ld. Division Bench of this Hon‟ble Court in Justice for all vs.

GNCTD of Delhi and Ors.” in W.P. (C) bearing no. 4109 of 2013 and LPA - 230/2019 and no unapproved fee at any cost shall be 45 charged from the Petitioners/Parents of the school, unless approved by the DOE. g. Issue appropriate directions to the Respondent School to immediately reinstate the children of the Petitioners.”

10. Issue notice to the respondents to show cause as to why rule nisi be not issued.

11. Mr. Santosh Kumar Tripathi, learned Standing Counsel accepts notice on behalf of respondent no. 1. Ms. Sakshi Mendiratta, learned counsel accepts notice on behalf of respondent no. 3 and Ms. Mrinalini Sen, learned Standing Counsel accepts notice on behalf of respondent no. 4.

12. Let counter-affidavit(s) be filed within two weeks from today, after providing advance copy of the same to learned counsel for petitioners, who may file rejoinder(s) thereto, if any within one week thereafter.

13. List on 30.07.2024.

14. The judgment be uploaded on the website forthwith.