W.P.(C)/177/2014 of ACTION COMMITTEE UNAIDED RECOGNIZED PRIVATE SCHOOLS Vs HONBLE LT. GOVERNOR & ORS

45 & 52

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 177/2014 ACTION COMMITTEE UNAIDED RECOGNIZED PRIVATE SCHOOLS ..... Petitioner Through: Mr. Neeraj Kishan Kaul, Senior Advocate with Mr. P.D. Gupta, Mr. Kamal Gupta, Ms. Diya Kapur, Ms. Shyel Trehan, Mr. Nshant Gokhale and Mr. Abhishek Gupta, Advocates.

versus

HONBLE LT. GOVERNOR & ORS ..... Respondents Through: Mr. Raja Ram Sundaram, Senior Advocate with Mr. V.K. Tandon, for respondents No.1 and 2. Mr. Himanshu Bajaj, Advocate for respondent No.3/UOI. Mr. Ashok Agarwal, Advocate with Mr. Khagesh B. Jha, Advocate for Social Jurist.

And

+ W.P.(C) 202/2014

FORUM FOR PROMOTION OF QUALITY EDUCATION FOR ALL ..... Petitioner Through: Mr. Sandeep Sethi, Senior Advocate with Mr. Vedanata VArma and Mr. Vibhor Kush, Advocates.

versus

LT. GOVERNOR OF DELHI & ORS ..... Respondents

Through: Mr. Raja Ram Sundaram, Senior Advocate with Ms. Zubeda Begum for respondents No.1 and 2. Mr. Himanshu Bajaj, Advocate for respondent No.3/UOI.

Mr. Ashok Agarwal, Advocate with Mr. Khagesh B. Jha, Advocate for Social Jurist.

CORAM:HON'BLE MR. JUSTICE MANMOHAN

O R R% 10.01.2014

CM Appl. 314/2014 (exemption) in W.P.(C) 177/2014CM Appl. 359/2014 (exemption) in W.P.(C) 202/2014

Allowed, subject to just exceptions.

Accordingly, present applications stand disposed of.

W.P.(C) 177/2014W.P.(C) 202/2014

Present writ petitions have been filed challenging the Notifications dated 18[th] December, 2013 and 27[th] December, 2013 issued by the Lieutenant Governor of Delhi, as being illegal, arbitrary and without jurisdiction.

Mr. Neeraj Kishan Kaul and Mr. Sandeep Sethi, learned senior counsel for petitioners state that the impugned Notifications are in the teeth of the Ganguly Committee’s report as well as they seriously compromise the autonomy granted to private unaided recognised schools. They further state that the management quota has been done away with and education being fundamental right, can only be curtailed by legislative enactment and not by office orders/notifications.

Issue notice.

Mr. V.K. Tandon, Advocate and Ms. Zubeda Begum, learned counsel accepts notice for respondent Nos. 1 and 2 in W.P.(C) Nos. 177/2014 and 202/2014 respectively.

Mr. Himanshu Bajaj, learned counsel accepts notice on behalf of

respondent No.3.

On the oral prayer of Mr. Ashok Agarwal, Advocate, Social Jurist, Civil Rights Group, is impleaded as respondent No.4 in the present proceedings.

Let an amended memo of parties be filed within one week. complete set of paper books be supplied to Mr. Ashok Agarwal.

They pray for and are granted three weeks to file their counter affidavits. Rejoinder affidavit, if any, be filed before the next date of hearing.

List the matters on 11[th] March, 2014.

CM Appl. 313/2014 in W.P.(C) 177/2014CM Appl. 358/2014 in W.P.(C) 202/2014

Issue notice.

Learned counsel appearing for respondents/non-applicants accept notice. Keeping in view the averments and submissions raised in the present petitions, this Court is of the view that the matters require detailed hearing. Also, as admissions are stated to commence from 15[th] January, 2014, this Court is of the view that any interim order of partial stay or substitution of the Government policy at this stage would create confusion and would be detrimental to the interests of the children as well as parents of the wards who are seeking admission.

Consequently, it is directed that the matters shall be heard at the admission stage itself.

Accordingly, list on 11[th] March, 2014.

Order dasti under the signature of Court Master.

JANUARY 10, 2014 js

MANMOHAN, J