Delhi High Court - Orders
Manisha Gupta & Ors vs Union Of India & Ors on 7 January, 2022
Author: Rekha Palli
Bench: Rekha Palli
via video conferencing
$~57
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 206/2022 & CM APPL. 591/2022 (stay)
MANISHA GUPTA & ORS.
..... Petitioners
Through Mr.T.Singhdev, Mr.Bhanu Gulati
&Mr.Abhijit Chakravarty, Advs.
Versus
UNION OF INDIA & ORS.
..... Respondents
Through Mr.Santosh Kumar Tripathi, SC,
GNCTD, Mr.Anuj Aggarwal, ASC, GNCTD,
Mr.Arun Panwar &Ms.Vrinda Singh, Advs.
Ms.Manisha Agrawal, Mr.R.P.Agrawal&Ms.Priya
Modi, Advs. for R-6.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 07.01.2022 CM APPL. 592/2022
1. Exemption allowed, subject to all just exceptions.
2. The application is disposed of.
W.P.(C) 206/2022 & CM APPL. 591/2022 (stay)
3. The present petition has been filed by six students of Raisina Bengali Signature Not Verified Digitally Signed By:AWANISH CHANDRA MISHRA Signing Date:08.01.2022 20:54:04 School located at EBDP Colony, Block M&P, Pocket-52, Chittaranjan Park, New Delhi 110019 seeking the following reliefs:-
"a. Quash the sale proclamation notice dated 11.11.2021 for sale of the property of Raisina Bengali School located at EBDP Colony, Block M&P, Pocket-52, Chitranjan Park New Delhi 110019 to be conducted through public eauction on 14.01.2022.
b. Direct the Respondent No. 3 & 4 to inspect the school and accounts maintained by itself in terms of Section 24 of the Delhi School Education Act, 1973 and takeover the management of the Raisina Bengali School established and operating at the property EPDP Colony, Block M&P, Pocket 52, Chittaranjan Park New Delhi - 110019 in terms of Section 20 of the Delhi School Education Act, 1973.
c. Direct Respondents No. 1, 2, 3 & 4 to conduct an inquiry into the financial mismanagement by the Governing Body as well as Management Committee of Respondent No. 5;
d. Direct the Respondent No. 1 & 2 to initiate appropriate proceedings against the Respondent No. 5 into creating equitable mortgage of the school property;
e. Direct the Respondent No. 5 to provide details of the accounts/records maintained in respect of the loan amount as well as the funds received from various sources by way of grants including the donations received from the students over the years;"
4. At the very outset, learned counsel for the petitioners submits that the issues raised in the present petition are identical to those raised by some other students from the school in question, in Shrabani Gupta Signature Not Verified Digitally Signed By:AWANISH CHANDRA MISHRA Signing Date:08.01.2022 20:54:04 (Minor) through Father Mr. Tapan Kumar Gupta &Ors. Directorate of Education &Ors., W.P.(C) 15117/2021,which writ petitionwas disposed of by this Court on 05.01.2022 with certain directions. He, therefore, prays that similar directions be passed in the present matter as well.
5. Learned counsel for respondent no.6, who appears on advance notice, submits that the said respondent will abide by its undertaking given to this Court as recorded on 05.01.2022 in W.P.15117/2021. She further submits that since a number of issues regarding financial irregularities with respect to the management of the school have been raised by the petitioner, the Directorate of Education (DOE) be directed to examine the same.
6. Mr.Santosh Kumar Tripathi along with Mr.Anuj Aggarwal, appearing on behalf of respondent nos.3 & 4/DOE, assure the Court that they will not only examine the request for taking over the management of the school by following the laid down procedure, but will also examine the complaints, if any, received by them regarding the alleged financial irregularities committed by respondent no.5.
7. In light of the aforesaid stand taken by the respondent nos. 3 & 4, the present writ petition is disposed of in terms of the order passed on 05.01.2022 in W.P.(C) 15117/2021. It will be open for the petitioners or any other aggrieved parties to make representations to the DOE which will be decided by the respondent no. 4 by passing a reasoned and speaking order, within a period of 4 weeks.
8. Needless to state, in case any party is aggrieved by the order passed by the DOE, it will be open for the affected party to seek legal Signature Not Verified Digitally Signed By:AWANISH CHANDRA MISHRA Signing Date:08.01.2022 20:54:04 recourse as permissible in law.
9. The writ petition, alongwith pending application, is, accordingly, disposed of in the aforesaid terms.
REKHA PALLI, J JANUARY 7, 2022/kk Signature Not Verified Digitally Signed By:AWANISH CHANDRA MISHRA Signing Date:08.01.2022 20:54:04