DASHMESH EDUCATION SOCIETY Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) . The Petitioner has assailed the Order No. 2166 dated 29.3.2001 passed by the Directorate of Education (Act Branch), Government of NCT of Delhi, whereby the recognition granted to the Petitioner to run an unaided School has been withdrawn. The letter has been addressed to the Manager, Dashmesh Public School, Naraina Vihar, New Delhi ( hereinafter referred as `the School') and surprisingly, not to the School at its new location viz. WZ 572 J, Naraina Village, New Delhi. The Order dated 29.3.2001 is reproduced verbatim since its contents will largely determine its legality.

(2.) . Briefly stated, the facts are that the Petitioner, namely Dashmesh Educational Society (hereinafter referred to as `the Society') had been registered in October, 1982 under the Societies Registration Act. It has been running a primary school in approximately 500 sq. ft. area provided to it in the premises of Gurudwara Sri Singh Sabha, Naraina Vihar, New Delhi (hereinafter referred to as `the Sabha'). The Directorate of Education, Government of NCT of Delhi had granted recognition to the School through the Society from Classes I to VIII, vide its letter dated 31.3.1992.

(3.) . It has been submitted that in 1996 certain members of the Managing Committee of Sabha started threatening the Society that it will be forcibly dispossessed from the 500 sq. ft. area provided to it in Gurudwara precincts. This apparently necessitated the filing of Suit No. 86/96 on the Original Side of this Court in January 1996. The Sabha was restrained by the Court from taking possession of the School in any manner other than by due process of law, and was also directed not to interfere in the running of the School or from disconnecting water and electric supply provided to the school premises. The Sabha was further interdicted from blocking the ingress and egress of the Society, its officials, students, and the staff-members in the School to the premises during the School hours. These Orders have not been withdrawn. It has been alleged that despite these interim orders the Sabha broke into the Principal's office, but with the intervention of the Police, possession thereof was restored to the School. Some of the walls of the classrooms on the ground floor had been allegedly demolished and furniture and records removed during the closure of the School for the summer vacations. It has been repeatedly submitted that the Sabha wields inordinate and irresistible power not only in the Directorate of Education but also with the Police and, therefore, the Petitioner has failed to obtain timely and complete redress from these Authorities.