Text of (free seats) order of 20.01.04 in WP 3156/2002 (Social Jurist v/s GNCT, MCD, MoUD and DDA)
IN THE HIGH COURT OF DELHI AT NEW DELLHI C.W. NO. 3156 OF 2002
Present: Mr. Ashok Agarwal for the petitioner, Mr. Jagmohan Sabharwal, Sr, Advocate with Mr. B.B. Sharma and Ms. Madhumita for the Respondent No.4 Ms. Avnish Ahlawat for the Respondent No.1 Mr. Nikhil Singla for the Respondent No.2 Mr. Maninder Singh with Ms. Pratibha Singh and Mr. Karan Bharioke for the Respondent No.3
WP (C) 3156/2002
The petitioner has approached this Court, inter alia, praying as under: - "27. In the premises aforesaid, the petitioner most humbly pray that this Hon'ble Court may be please to:- (a) direct the respondents to identify all such unaided recognized private schools in Delhi to whom the lands have allotted by public bodies at concessional rates/free of cost and to place on record of this Hon'ble Court list of all such schools with relevant particulars thereof; (b) direct the respondents to ensure that all Unaided Recognized Private Schools in Delhi to whom public lands have been allotted on concessional rates/free of cost should comply with the conditions of allotment of lands in regard to admission to the children of weaker section of society to the extent of 25% and grant freeship to them; (c) direct the respondents to take action against the erring schools; (d) direct the respondents Delhi Government to frame rules/policy laying down provision for admission by all unaided recognized private schools in Delhi to whom public lands have been allotted on concessional rate/free of cost to children belonging to weaker sections of society to the extent of 25% where the specific condition of free education to children of the poor upto 25% has not been incorporated in the allotment letter; (e) direct the Govt. of Delhi to initiate high level enquiry to find out the names of the person/authorities who are responsible for their culpable acts of not ensuring the adherence of the conditions of allotment of lands to such private schools and permitting such private schools to cheat children of the country by not providing them free education under the conditions of the allotment of lands."
- On the record, the petitioner has pointed out in paragraph 6 that there are a number of schools, i.e. 265, where allotment has been made by DDA on concessional basis. In view of the allotment, the school is bound to admit 25% of the students belonging to weaker sections of the society and to grant free ship to them. A copy of the letter issued to the President, O.P. Suri Mamorial Education Society, New Delhi dated 26.06.2001 is placed on record wherein the relevant condition of 25% is mentioned. Condition No. 17 reads as under:- "17. The Society shall ensure that percentage of freeship from the tuition fee as laid down under rules by the Delhi Administration from time to time strictly complied. They will ensure admission to the student belonging to weaker sections to the extent of 25% and grant free ship to them."
- It appears that Chief Secretary, Government of NCT of Delhi addressed a letter to Vice- Chairman, DDA in this behalf. Annexure-A is a copy of a letter issued to the President (Delhi Public School Society, New Delhi) wherein Condition No. 17 reads as under:- "17. The Delhi Public School Society shall ensure that percentage of freeship from the tuition fee as laid down under rules by the Delhi Administration, from time to time strictly complied. They will ensure admission to the student belonging to weaker sections to the extend of 25% and grant freeship to them."
- This condition refers to the rules. Thus, it is very clear that 25% of the students belonging to poor sections are entitled to get admission and free ship in such schools. However, it would be for the Directorate of Education to investigate the matter and to point out to the DDA wherever a breach is committed. If there are no rules for admission framed in this regard, it would be for a Directorate of Education to see that the rules are framed so that the weaker sections of the society may not suffer. It is hoped that within a period of four months this exercise shall be carried out and, after the DDA is informed, it will be the duty of the DDA to take appropriate action against any school committing breach of the condition. A compliance report be filed by the Directorate of Education after four months. With these directions, the petition stands disposed of.
A copy of the order may be given to the petitioner. Direct Service (dasti).
Sd/- CHIEF JUSTICE Sd/- BADAR DURREZ AHMED, J January 20,2004