Sh. Sujeet Swami and Anr. v. Union of India and Ors.

Delhi High Court · 13 Nov 2019 · 2019:DHC:5901-DB
D. N. Patel; C. Hari Shankar
W.P.(C) 11501/2019
2019:DHC:5901-DB
administrative petition_dismissed

AI Summary

The Delhi High Court directed respondents to implement the MHRD notification on phasing out private schools on IIT campuses in accordance with law and policy, disposing of the PIL without issuing mandamus.

Full Text
Translation output
W.P.(C) 11501/2019
HIGH COURT OF DELHI
Date of Decision: 13th November, 2019
W.P.(C) 11501/2019
SH. SUJEET SWAMI AND ANR. ..... Petitioners
Through: Dr. Dinesh Rattan Bhardwaj, & Mr.J.N. Patel, Advs.
VERSUS
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. Ripu Daman Bhardwaj, CGSC with Mr. T.P. Singh, Adv. for R-1 & R-2
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT
D.N. PATEL, CHIEF JUSTICE (ORAL)

1. This so-called Public Interest Litigation has been preferred with the following prayers: “(i) Issue writ of mandamus or order directing Respondent No. 1 to 2 to adhered to and give effect to Respondent No. 2's Notification dated 28.07.2016 bearing No. 32-37/2016-TS-l by phasing out the private school running in the campus of Respondent No. 4 to 11 by establishment of Kendriya Vidyalaya in a timely manner; and

(ii) Respondent No. 1 and 2 be directed to assess the actual loss caused to the Government exchequer by the action of the NT's running private school in its Campus; and 2019:DHC:5901-DB W.P.(C) 11501/2019

(iii) Recovery of revenue losses from Respondent No. 4 to

11, on current commercial market rate, caused to the Government of India by allowing IITs premises to be used by private schools for miniscule or NIL lease rent, and

(iv) Such further and other reliefs as the court may deem fit in the facts and circumstances of the case.”

2. Having heard the learned counsel for petitioners and looking into the facts and circumstances of the case, it appears that this petitioner wants execution of letter issued by the Ministry of Human Resource Development, Department of Higher Education, Technical Section-1, which is dated 28th July, 2016.

3. Having heard the learned counsel for petitioners and looking to the aforesaid letter of the Ministry of Human Resource Development, we hereby direct the respondents to take action in accordance with law, rules, regulations and government policy applicable to the facts of the present case after looking to the aforesaid letter dated 28th July, 2019 which is at Annexure-1 to the memo of this writ petition.

4. With these observations, this writ petition is hereby disposed of.

CHIEF JUSTICE C.HARI SHANKAR, J NOVEMBER 13, 2019 ns