MANAGING COMMITTEE VIDYA BHAWAN Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) The petitioner, the Managing Committee Vidya Bhawan Girls Sr. Sec. School has filed the above writ petition challenging the order dated 07.9.2012 passed by the Special Director of Education (ACTII) wherein and whereby he communicated the decision and order of Hon'ble Lieutenant Governor of Govt. of NCT of Delhi to take over the management of the school under sub-Section (1) of Section 20 of Delhi School Education Act, 1973 (hereinafter referred to as 'the Act') for a period of two years with immediate effect.

(2.) After filing the writ petition, the petitioner school filed a petition seeking amendment of the prayer to quash sub-Section (4) of Section 20 of the Act as unconstitutional, being violative of principles of natural justice and Article 14 and Article 21 of the Constitution of India. The petitioner school is a recognized private school receiving aid in the form of maintenance grant from the administrator and for that reason, it falls within the definition of Section 2(u) read with 2(d) of the Act and to this extent, there is no dispute. The Director of Education of the Govt. of NCT of Delhi issued a notice dated 23.7.2010 to show cause within 15 days from the date of the said notice as to certain irregularities and malpractices allegedly performed by the management of school. The school was further informed that in the event no reply was received appropriate action will be taken against the petitioner school as per Section 24(4) read with Section 20 of the Act. Show cause notice dated 23.7.2010 reads as under:

(3.) The petitioner school sent a reply dated 07.8.2010 to the show cause notice denying the alleged irregularities and malpractices.