Action Committee Unaided Recognized Private Schools v. Hon'Ble Lt Governor & Ors

RAJIV SAHAI ENDLAW, J.

JANUARY 20, 2014 Bs.

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 20th January, 2014. + LPA 30/2014 ACTION COMMITTEE UNAIDED RECOGNIZED PRIVATE SCHOOLS ..... Appellant Through: Mr. N.K. Kaul, Sr. Adv. with Mr. P.D. Gupta, Mr. Kamal Gupta, Ms. Diya Kapur, Ms. Shyel Trehan, Ms. Manjira Dasgupta, Vedanta Varma & Mr. Vibhor Kush and Mr. Abhishek Gupta, Advocates. Versus LT. GOVERNOR & ORS ..... Respondents Through: Mr. Raju Ramachandran, Sr. Adv. with Ms. Zubeda Begum, Vivek Kumar Tandon, Ms. Sana Ansari & Ms. Vanessa Singh, Advs. for R-1&2. Mr. Himanshu Bajaj and Ms. Saakshi Agrawal, Advocates for R-3/UOI. Mr. Ashok Agarwal, Mr. Khagesh B. Jha and Ms. Arushi Agarwal, Advocates for R-4. AND + LPA 31/2014 FORUM FOR PROMOTION OF QUALITY EDUCATION FOR ALL ..... Appellant Through: Mr. Rajiv Nayyar, Sr. Adv. with Mr. Vedanta Varma, Adv. Versus LT. GOVERNOR OF DELHI & ORS ..... Respondents Through: Mr. Raju Ramachandran, Sr. Adv. with Ms. Zubeda Begum, Vivek Kumar Tandon, Ms. Sana Ansari & Ms. Vanessa Singh, Advs. for R-1&2. Mr. Himanshu Bajaj and Ms. Saakshi Agrawal, Advocates for R-3/UOI. Mr. Ashok Agarwal, Mr. Khagesh B. Jha and Ms. Arushi Agarwal, Advocates for R-4. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. Both intra court appeals impugn the common order dated 10th January, 2014 of the learned Single Judge of this Court in W.P.(C) No.177/2014 and W.P.(C) No.202/2014 respectively preferred by the appellants, refusing to grant the interim relief sought by the appellants/petitioners, observing, "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", though directing the writ petitions to be heard at the admission stage itself and listing them for hearing on 11th March, 2014. 2. Though the appeals came up before this Court for admission on 15th January, 2014 but since the counsel for the respondents appeared on advance notice, considering the nature of the controversy and with the consent of the counsels, we finally heard the appeals. 3. The writ petitions from which these appeals arise were filed impugning the orders dated 18th & 27th December, 2013 of Hon"ble the Lt. Governor of Delhi. 4. The order dated 18th December, 2013 called the "Recognized Schools (Admission Procedure for Pre-primary Classes) (Amendment) Order, 2013" was issued by the Hon"ble Lt. Governor in exercise of the powers conferred by Section 3(1) of the Delhi School Education Act, 1973 read with Rule 43 of the Delhi School Education Rules, 1973 and amending the "Recognized Schools (Admission Procedure for Pre-primary Class) Order, 2007". Vide the said order dated 18th December, 2013, the Management Quota of 20% in admission in any private unaided recognized school of Delhi under the Admission Order 2007 was done away with and fixed parameters and points for admission to a class at entry level of the school were laid down and the schools prohibited from fixing additional points other than the points specified. The subsequent order dated 27th December, 2013 merely extended the parameter of neighbourhood from 6 Km. as prescribed in the order dated 18th December, 2013, to 8 Km. 5. We may notice that the stand/counter affidavit of the respondents is not on record, neither in the writ petition nor in this appeal. However, owing to the process of admission to the schools, which we are informed ordinarily begins on 1st January of each year having already been delayed and having been now prescribed to begin on 15th January, 2014 and which date is now gone and the admissions are held up and any delay would ultimately result in not only delaying the admissions to the schools but consequently also the commencement of the academic year, it has been deemed appropriate to hear the counsels without counter affidavit. 6. The learned Single Judge having declined interim relief to t