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Vidya Bhawan Girls Senior Secondary ... vs Udit Prakash Rai, Director, The ... on 1 June, 2022

Author: Vipin Sanghi

Bench: Navin Chawla, Vipin Sanghi

                     $~SB-1.
                     *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                     +     CONT.CAS(C) 758/2021

                           VIDYA BHAWAN GIRLS SENIOR SECONDARY SCHOOL
                           THROUGH ITS SECRETARY                   ..... Petitioners
                                        Through: Mr. Neelmani Guha and Ms. Harshal
                                                 Gupta, Advocates.
                                        versus

                           UDIT PRAKASH RAI, DIRECTOR, THE DIRECTORATE OF
                           EDUCATION & ANR.                 ..... Respondents
                                        Through:

                           CORAM:
                           HON'BLE THE ACTING CHIEF JUSTICE
                           HON'BLE MR.JUSTICE NAVIN CHAWLA
                                                     ORDER

                     %                               01.06.2022


                     C.M. No. 22306/2022

Exemption allowed, subject to all just exceptions. The application stands disposed of.

This application has been filed by the petitioner in the disposed of Contempt Petition to seek a direction for summoning of the entire files/ correspondence/ records from the Office of the Respondent Department of Education in respect to the file of M/s Vidya Bhawan Girls Sr.Secondary School, New Rajinder Nagar, Delhi.

Petitioner seeks restoration of the Contempt Petition. This submission is premised on the plea that the file notings produced by the respondent merely show that the file was seen by the Lieutenant Government. According to the Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:03.06.2022 17:46:21 petitioner this is not sufficient compliance to order dated 12.02.2020 passed in LPA 652/2019.

We do not find any merit in this submission. The two proposals at (A) and (B) were placed on record vide file noting No. 612, and file noting No.614 shows that it was proposed to approve the option (A). Noting No. 615 shows that the file was sent to the Lieutenant Government to express the difference of opinion, if any, under proviso to Article 239AA(4) of the Constitution of India. Thereafter, the lieutenant Governor, as per the record, has seen the file.

This being the position, it is evident that there was no difference of opinion between the Council of Ministers headed by the Chief Minister and the Lieutenant Governor on the aforesaid aspect.

We, therefore, do not find any merit in this application. The same is, accordingly, dismissed.

VIPIN SANGHI, ACJ NAVIN CHAWLA, J.

JUNE 01, 2022 aks Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:03.06.2022 17:46:21