Delhi High Court - Orders
G. D. Goenka Public School Rohini vs Directorate Of Education on 18 October, 2023
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~76
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9741/2023
G. D. GOENKA PUBLIC SCHOOL ROHINI ..... Petitioner
Through: Mr. Kamal Gupta with Mr. Sparsh
Aggarwal, Mr. Manish Vashisht and
Ms. Kriti Gupta, Advocates.
versus
DIRECTORATE OF EDUCATION ..... Respondent
Through: Mr. Utkarsh Singh with Mr. Rishabh
Srivastava, Advocates for Mr.
Santosh Kumar Tripathi, Standing
Counsel for the DoE.
Mr. Ankit Mann, Advocate in CM
APPL. 54555/2023
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 18.10.2023 CM APPL. 54556/2023 Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed of.
CM APPL. 54555/2023 (for impleadment) By way of the present application filed on the principles of section 151 of the Code of Civil Procedure 1908, the applicant - Ranjan Malik - who states that he is a parent of a child studying in the petitioner school/G. D. Goenka Public School, Sector-9, Rohini, seeks impleadment in the present proceedings.
2. Mr. Ankit Mann, learned counsel appearing for the applicant submits, that the applicant is personally aggrieved by the school charging increased fee as also fee under certain concocted heads of account, W.P.(C) 9741/2023 Page 1 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/10/2023 at 22:52:07 which is in breach and violation of the mandate of the Supreme Court in Modern School vs. Union of India & Ors.1
3. On a perusal of the application, it is noticed that apart from a fleeting reference in para 36 of the application, to the effect that the alleged illegal fee being charged by the school has "...resulted grave injustice towards the innocent parents including Applicant", the applicant has not made-out any compelling case to implead him in the present proceedings.
4. It is also noticed that vide order dated 10.10.2023, Mr. Ankit Mann, Advocate had himself filed a similar application seeking his own impleadment in the matter, which application was dismissed by this court on the ground that counsel was not a parent of the school and had no child studying in the petitioner school.
5. The present application accordingly appears to be a second attempt by the said counsel to step-into the present proceedings, with which he appears to have no direct connection.
6. It may be mentioned that the essence of the challenge in the present petition is the prohibition sought to be imposed by respondent/Directorate of Education ('DoE') to the petitioner school charging fee under various heads of account; which requires to be addressed by the DoE.
7. Besides, the manner in which the present application has come to be made leaves no manner of doubt that the application is an effort to 1 (2004) 5 SCC 583 W.P.(C) 9741/2023 Page 2 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/10/2023 at 22:52:07 intervene in the present proceedings in the name of a parent, who may have no individual grievance.
8. In the opinion of this court, allowing the present impleadment application would open a Pandora's box, whereafter several parents of the school may wish to interlope in the matter, which is essentially a dispute between the petitioner school and the respondent/DoE.
9. In the circumstance, the present application is dismissed, imposing costs of Rs. 5/- upon the applicant.
10. Costs be treated as paid.
11. Application stands disposed-of.
W.P.(C) 9741/2023
12. Re-notify on 23rd November 2023, the date already fixed.
ANUP JAIRAM BHAMBHANI, J OCTOBER 18, 2023 ds W.P.(C) 9741/2023 Page 3 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/10/2023 at 22:52:07