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J.D. Tytler School vs Directorate Of Education & Anr on 1 September, 2022

Author: Sanjeev Narula

Bench: Sanjeev Narula

                          $~71
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +       W.P.(C) 12629/2022
                                  J.D. TYTLER SCHOOL                                         ..... Petitioner
                                                     Through:      Mr. Rajat Mathur, Mr. Udbhav Sinha,
                                                                   and Mr. Jai Babbar, Advocates with
                                                                   Ms. Neena Andrew, Principal.

                                                     versus

                                  DIRECTORATE OF EDUCATION & ANR.                         ..... Respondents
                                                     Through:      Mr. Santosh Kumar Tripathi, Standing
                                                                   Counsel with Mr. Arun Panwar and
                                                                   Mr. Pradeep, Advocates for R-1.
                                                                   Mr. M. A. Niyazi, Standing Counsel
                                                                   with Ms. Anamika Ghai and Ms. Kirti
                                                                   Bhardwaj, Advocates for R-2.

                                  CORAM:
                                  HON'BLE MR. JUSTICE SANJEEV NARULA
                                               ORDER

% 01.09.2022 CM APPL. 38271/2022(u/S 151 of the Code of Civil Procedure, 1908 seeking exemption from filing certified and translated/typed/legible copies of documents and handwritten annexures)

1. Exemption is granted, subject to all just exceptions.

2. Petitioner shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.

3. Accordingly, the application stands disposed of.

W.P.(C) 12629/2022 & CM APPL. 38270/2022 (for interim directions)

4. Petitioner-school is aggrieved by the order dated 16th July, 2022 Signature Not Verified Digitally Signed W.P.(C) 12629/2022 Page 1 of 4 By:SAPNA SETHI Signing Date:03.09.2022 13:35:48 [hereinafter, "withdrawal order"] passed by Respondent No. 1- Directorate of Education ["DOE"] withdrawing the recognition of Petitioner-school for academic session 2022-23 and onwards [Annexure P-3, page 36 onwards], pursuant to show cause notices dated 1st April, 2022 [hereinafter, "SCN 1"] and 17th June, 2022 [hereinafter, "SCN 2"]. The withdrawal order also forms the basis of show cause notice dated 25th August, 2022 [hereinafter, "CBSE SCN"] issued by Respondent No. 2- Central Board of Secondary Education ["CBSE"] for withdrawing the affiliation granted to Petitioner-school.

5. Counsel for Petitioner-school, makes following submissions:

5.1 SCN 1 qua non-grant of admission to Economic Weaker Section ["EWS"]/ Disadvantaged Group ["DG"]/ Children with Special Needs ["CWSN"] was issued on the basis of directions of Division Bench of this Court vide order dated 26th May, 2022 in LPA No. 05/2022,1 which have been stayed by the Supreme Court vide order dated 19th July, 2022 in Special Leave to Appeal (C) No. 11264/2022.

5.2 Petitioner-school has complied with all the requirements of the Delhi School Education Act and Rules, 1973 ["DSEAR Act, 1973"], and have provided the books as well as uniforms to all EWS/DG students. To support this contention, reliance is placed on tabulation dated 4th August, 2022 [Annexure P-9] providing status of dispensation of free books and uniforms to EWS/DG students qua the 2022-23 academic session. He clarifies that the blanks against names of certain students is on account of non-submission of bills by the parents of the students.

Justice For all and Anr. v. Venkateshwar Global School and Ors., Signature Not Verified Digitally Signed W.P.(C) 12629/2022 Page 2 of 4 By:SAPNA SETHI Signing Date:03.09.2022 13:35:48

6. Prima facie, court finds merits in submission advanced by Petitioner. The ground of withdrawal regarding denial of admission to eligible candidates under EWS/DG and CWSN category cannot sustain, in light of the order dated 19th July, 2022 passed by the Supreme Court in Special Leave to Appeal (C) No. 11264/2022. Further, there is substantial compliance regarding provisioning of uniform, books and writing material to EWS/DG students. Moreover, counsel for Petitioner-school, on instructions, assures to make up the deficiencies, forthwith. Considering the above, prima facie the impugned action taken by DOE, is harsh and not warranted. It would also cause grave prejudice to the students studying in Petitioner-school.

7. Accordingly, it is directed that till the next date of hearing, withdrawal order dated 16th July, 2022 shall remain stayed.

8. DOE shall validate and verify the claim of the students who have not been provided with books, uniform and writing materials, and furnish a list of such students to Petitioner-school who shall then supply necessary books, uniform and writing materials or re-imburse the costs thereof, to the students/ parents, within a period of two weeks thereafter.

9. Counsel for Petitioner-school states that since Respondent No. 2 has not been correctly described in the memo of parties, he shall file a fresh memo of parties within a period of one week from today.

10. Issue notice to Respondents. Mr. Santosh Kumar Tripathi, Standing Counsel, accepts notice on behalf of Respondent No. 1-DOE. Mr. M. A. Niyazi, Standing Counsel, accepts notice on behalf of Respondent No. 2- CBSE.

11. Counter affidavit be filed within a period of four weeks from today. Rejoinder thereto, if any, be filed within a period of two weeks thereafter.

12. Re-notify on 25th November, 2022.

SANJEEV NARULA, J SEPTEMBER 1, 2022 d.negi Signature Not Verified Digitally Signed W.P.(C) 12629/2022 Page 4 of 4 By:SAPNA SETHI Signing Date:03.09.2022 13:35:48