Delhi High Court - Orders
Mrs. Meenakshi Khare And Ors vs Directorate Of Education And Ors on 22 October, 2020
Author: Jayant Nath
Bench: Jayant Nath
$~A-28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1280/2019 & CM APPL. 22120/2020
MRS. MEENAKSHI KHARE AND ORS. ..... Petitioners
Through Mr.Pawanjit Singh Bindra, Adv.
versus
DIRECTORATE OF EDUCATION AND ORS. ..... Respondents
Through Mr.Anuj Aggarwal, ASC, GNCTD
with Mr.Shikhar Sheel and
Ms.Ayushi Bansal, Advocates for R-1
& 2.
Mr.Kirtiman Singh, CGSC with
Mr.Waize Ali Noor and Mr.Rohan
Anand, Advs. for R-3.
T. P. Singh, Sr. Central Govt. Counsel
for respondent No.4/UOI
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
ORDER
% 22.10.2020 This hearing is conducted through video conferencing.
1. This writ petition is filed by the petitioners seeking various directions including a direction to respondents No.1 and 2 to take over the management of respondent No.3 school.
2. The controversy centres around a judgment/order passed by a Division Bench of this court on 18.05.2007 in LPA Nos.1664-65/2006, titled, 'Directorate of Education & Anr. v. AIR Force Gyan Jyoti School & Ors.'. Relevant portion of the judgment reads as follows:-
"12. We have given our-anxious consideration to the submissions made at the Bar and perused the record. There is, in our opinion, no outstanding issue that may really call for any adjudication in these proceedings. The Government of India have graciously agreed to come to the rescue of the institution which was in dire financial constraints. It has extended a substantial amount of Rs.l,88,40,000/- which is sufficient in our opinion to enable the institution to tide over its current financial difficulties and also to take care of the forseeable future. The school management which appears to have taken a rather hasty and desperate decision to shut down the school, should, therefore, feel relieved that it will no longer preside over the closure of an institution which has rendered good service over the past many years. The availability of a reasonably good amount which enables the institution to pay off its outstanding liabilities and also bridge the gap between its income and expenditure in future leaves no room for doubt in our minds that the school will resume its activities not only for the benefit of the wards of the officers serving in Air Force but even the general public. It is also hoped that such of the students as had left the institution on account of the notice published by the management threatening its closure would, in due course, return to its portals. Suffice it to say that with the amount now available to the school, all that we need to do is to authorize expenditure out of the same and provide a broad guideline for the utilization in the years to come. Learned counsel for the parties have in that regard agreed to the following directions being issued:
(i) The school shall utilize an amount of Rs.19,75,000/- towards outstanding liability on account of arrears of salaries payable to teaching and other staff up to March, 2007, out of the amount of Rs.l,88,40,000/- given by the Government of India as grant-in-
aid.
(ii) The school shall incur a further sum of Rs.20 lacs on the upgradation of its facilities and redevelopment of infrastructure including laboratories, computers, etc.
(iii) Out of the balance amount the school shall invest in a nationalised bank a sum of Rs.1 crore in a long term deposit. The interest accrued on this deposit shall be utilized by the school for meeting its revenue expenditure and deficits, if any.
(iv) The balance amount of Rs.48,65,000/- left with the school after making the above investments shall be utilized by the school for defraying the current revenue shortfall . The school may be well advised to invest such of the amount out of the same as is not immediately required in a short term investment to ensure that the amount not immediately required earns interest.
(v) The utilization of the corpus of Rs.1 crore invested in terms of the above direction shall be avoided by the school unless it becomes absolutely necessary to draw upon the said amount for payment of any deficit or other liability.
(vi) The school shall take two nominees of the Government of India as Observers in the Management Committee. We are told that Government of India have already nominated Smt.Tandon in terms of an order dated April 10, 2007 issued by the Ministry of Defence. The Government shall be free to nominate another nominee to be co-opted as an Observer in the management committee. This arrangement would continue for a period of two years after the school becomes financially viable, whereafter the Government shall withdraw the Observers.
(vii) The fee structure as revised w.e.f. 1st March, 2006 shall continue to be operative subject to the condition that any further revision in the same shall be only in accordance with the rules and the norms on the subject. The school agrees to recall 43% enhancement ordered w.e.f. 1st April, 2006.
(viii) In case the School is unable to become viable within a period of four years, the Government of India shall be free to direct transfer of the management of the School together with its assets including lease hold rights if any held by it to the Directorate of Education, Delhi or to such authority as the Government of India may in that regard decide.
(ix) While the petitioners in WP Nos. 5509/2006 to 5528/2006 who are working as members of the teaching staff have assured that they will fully cooperate with the management and rededicate themselves to the cause of education and help the institution to regain its glory, we make it clear that in case there is any cause for the management to take action against any defaulting teacher, it shall be free to do so as per the rules on the subject to ensure that no indiscipline is tolerated in the institution and the institution works on healthy academic lines, with a disciplined and cohesive teaching faculty.
(x) The arrangement made in terms of the order of this court dated 12th February, 2007 as modified by this order shall not be taken as a precedent for the future, the same having been made in the peculiar facts and circumstances of these cases."
3. It is the common contention of the learned counsel for the petitioners, learned counsel for the Govt. of NCT of Delhi and learned counsel for respondent No.3 school that respondent No.3 school is unable to become viable and clause (viii) of the directions given by the Division Bench of this court as noted above gets triggered and the Directorate of Education will take over the management of the school together with its assets including lease hold rights, if any.
4. Learned counsel for the Govt. of NCT of Delhi states that as there is a direction of the Division Bench of this court, the Govt. of NCT of Delhi has no objection and is willing to take over the management of respondent No.3 school.
5. I may note that two controversies still remain. Firstly, land rights, which the Govt. of NCT of Delhi gets on taking over management of respondent No.3 school. Secondly, the rights of the teachers and other staffs working in the school in question.
6. In the light of the above facts, as far as lease hold rights are concerned, the order of the Division Bench of this court clearly shows that Directorate of Education will take over respondent No.3 school including the lease hold rights, if any, held by school.
7. Learned counsel for respondent No.3 school states that they do not have any lease hold rights on the school.
8. Learned counsel for the petitioners has drawn my attention to an affidavit filed by the UOI pursuant to the order of this court dated 28.02.2020. Relevant portion of the said affidavit reads as follows:
"11. That in view of the above submissions, it is not financially viable to run the school by Respondents No.3 and 4. The School can, however, be transferred to Respondents No. 1 and 2 in terms of this Hon'ble Court order dated 18 May 2007 albeit without lease hold rights over land as the land on which AF Gyan Jyoti School is located cannot be permanently transferred to Delhi Govt due to the following reasons:-
(a) The school is functioning on A 1 defence land of MoD and housed deep inside the Rock View area of Air Force Station Palam.
(b) The security situation in the country requires stations to continuously keep its security preparedness at high levels.
The recent skirmishes on the border have now made AF bases including this base a vulnerable target and a sub- conventional attack on any of the AF bases is a virtual reality and cannot be ruled out.
(c) Air Force Station Palam is undertaking WIP/ VIP movements/commitments at regular intervals including foreign dignitaries and these areas cannot be compromised for security.
(d) Separate entry/ exit cannot be provided to the School due to its location.
12. In view of the submissions made herein above, it is respectfully prayed that:
(a) Direct the Respondent no.1 and 2 to take over the School as per the order of the Hon'ble Court, Delhi dated 18 May 2007 without actual transfer of land.
(b) Alternatively, permit closure of the AFGJS, Palam wef 01 Apr 2020 after absorption of students in AFSSS, Palam and discharging the staff and teachers from duties after settling their .dues as per their entitlement on that date.
(c) Pass any other order as this Hon'ble Court may deem fit and proper in the circumstances of the present case."
9. Hence, according to the said affidavit, respondent No.4/UOI was agreed to hand over the possession of the land without lease hold rights/actual transfer of the land. Needless to add that the Govt. of NCT of Delhi would obviously be entitled to have possession of the land for the purpose of running the school.
10. At this stage, learned counsel for the Directorate of Education, Govt. of NCT of Delhi however insists that whatever rights respondents No.4 has on the land in question has to be transferred to the Directorate of Education, Govt. of NCT of Delhi in terms of the order of the Division Bench of this court.
11. As per the school they do not have any lease hold rights. The Directorate of Education will continue to be licensee.
12. Second plea raised by the learned counsel for the Directorate of Education, Govt. of NCT of Delhi is that the teachers presently working in the school in question will not be absorbed by the Directorate of Education as they may not be fulfilling the criteria required by Govt. teachers.
13. In my opinion, the plea of the learned counsel for the Directorate of Education, Govt. of NCT of Delhi is unfair. The teachers and other staffs have been working there for more than 10 years. The Directorate of Education to ensure appropriate rehabilitation policy is formulated for the benefits of such teachers and staffs.
14. The issue of arrears of salary of the staff will be gone into on the next date of hearing.
15. List on 21.01.2020.
JAYANT NATH, J.
OCTOBER 22, 2020/v