The Indian School v. Government of NCT of Delhi and Anr.

Delhi High Court · 11 Sep 2019 · 2024:DHC:214

C. Hari Shankar

WP(C) 9654/2019

2024:DHC:214

administrative petition_allowed

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The Delhi High Court allowed the respondents to adjudicate a show cause notice but restrained enforcement of any adverse order against the petitioner pending further orders, disposing of the writ petition accordingly.

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WP(C) 9654/2019
HIGH COURT OF DELHI
W.P.(C) 9654/2019
THE INDIAN SCHOOL .... Petitioner
Through: Mr. Pramod Gupta, Adv.

WITH

Ms. Nicole Gomez, Ms. Adyanshi Kashyap, Ms. Saloni Narayan, Ms. Nandita Rathi, and
Ms. Neetu Pandey, Advs.

VERSUS

GOVERNMENT OF NCT OF DELHI AND ANR. ..... Respondents
Through: Mr. Santosh Kumar Tripathi, SC (Civil)

WITH

Mr. Utkarsh Singh, Ms. Nikita Vir, Advs.

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR O R D E R (O R A L)
10.01.2024

JUDGMENT

1. This writ petition is preferred against a show cause notice dated 16 August 2019 issued to the petitioner school by the Directorate of Education (DoE).

2. Mr. Pramod Gupta, learned Counsel for the petitioner, has drawn my attention to the order dated 11 September 2019 passed by this Court in the present matter, para 7 of which reads thus:

“7. Given this backdrop, for the moment, I am inclined to pass

the following directions:

(i) The respondents will adjudicate upon the impugned show cause notice. The respondents will, however, not give effect to the adjudication in case it is adverse to the interest

WP(C) 9654/2019 of the petitioner till further orders of this Court.

(ii) The respondents will file a counter affidavit within a period of five weeks from today.

(iii) Rejoinder thereto, if any, be filed before the next date of hearing.”

3. Till now, it appears that the show cause notice is still awaiting adjudication.

4. Instead of keeping this matter pending, it would more than protect the interests of the petitioner if the writ petition is disposed of by making para 7(i) of the order dated 11 September 2019 absolute.

5. In other words, the respondent can adjudicate the said impugned show cause notice. However, if the order is adverse to the petitioner, the petitioner would be at liberty to prefer his remedies thereagainst. No effect would be given to the adjudication till further orders passed by this Court.

6. This petition stands disposed of in the aforesaid terms.

C. HARI SHANKAR, J.

The Indian School v. Government of NCT of Delhi and Anr.

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JUDGMENT

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