UNION OF INDIA Vs. LAKSHMI CHAND GUPTA

JUDGEMENT

(1.) These special leave application are directed against the appellate order passed by a division bench of the Delhi High court, relating to the management of a Local School. In the ultimate paragraph of the appellate judgment the High court has indicated:

(2.) We have gathered from the submission advanced at the bar that a suit had been filed in the Civil court pertaining to some facets of the same dispute but it has since been dismissed for default and an application for its restoration is now pending. Whether the suit would be restored or not is uncertain. In such circumstances, determination as to which of the managing committee should take back management of the School cannot be left to be adjudicated to that court. We are of the view that other alternative given by the High court should be worked out viz. , the High court has to exercise jurisdiction to find out which of managing committee is to take back management of the institution. We would accordingly suggest to the High court that within two months from now or at any rate by the end of September, 1987, after hearing the parties, it shall finally decide as to which of the managing committee should be given back the management of the school. We hope that it will be possible for the same division bench which heard the matter to hear this aspect of the matter. For that purpose we have directed all the parties who have appeared before us to appear before Aggarwal J. (Unless the same bench is sitting) on 30/07/1987, for taking directions from that court.

(3.) A peculiar situation seems to have arisen in this case. Parties agree that the management of the School was taken over by the government sometime in 1976 and under the Act government could keep the management for a total period of five years, which means that by June, 1981, the management should have been restored. Conflicting orders were passed by different courts as to how the management should be carried on or the manner in which the same should be stored. In such a situation the Delhi Administration remained in management of the institution. It is unfortunate that High court has taken the view that management after June 1981 in the hands of the Delhi Administration was a nullity. Taking the broad features appearing in this case we hold that the observation of the High court that the management of the School after June, 1981, amounted to a nullity is set aside.