SHUBIT EDUCATION SOCIETY Vs. GOVT. OF NCT

JUDGEMENT

(1.) The appellant society, which was desirous of establishing a middle school, sought to obtain allotment of land from DDA on which the proposed school could be set up. One of the requirements of DDA for allotment of land was Essentiality Certificate to be issued by Directorate of Education, Delhi in terms of the Rule 44 of Delhi School Education Rules, 1973. Vide Certificate dated 09.07.2001, Directorate of Education, Delhi conveyed to the appellant that the Appropriate Authority had accepted its proposal to establish a new middle school in Samalkha/Rajokri in Zone XXI of District South West. Vide letter dated 08.01.2002, Directorate of Education, Delhi conveyed to Delhi Development Authority that the Land Allotment Committee constituted by Lieutenant Governor had recommended allotment of land to the appellant-society in Samalkha/Rajokri/Vasant Kunj area of South West Districts. In its meetings held on 13.02.2003 and 17.02.2003, Institutional Allotment Committee of Delhi Development Authority recommended allotment of plot measuring 0.58 hectares in Pocket 8, Sector "C" of Vasant Kunj to the appellant-society. This recommendation was a part of the recommendations made for allotment of land to 291 such societies. Relying upon the said recommendations, Delhi Development Authority vide letter dated 28.03.2003, decided to allot land measuring 5800 square metre/2900 square metre for school building and 2900 square metre for playfield, to the appellant-society, for running a middle school. Some inquiry came to be initiated by Delhi Development Authority in respect of such allotments, as many as 12 allotments were found to be inappropriate and the case of the appellant society was found to be unfit and not in order. Vide letter dated 02.04.2004, the appellant society was informed by Directorate of Education that DDA had been advised by Delhi Government to treat the case of the appellant-society as not having approval of the Competent Authority and hence withdrawn.

(2.) WP(C) No. 19768/2005 was filed by the appellant, challenging the letter dated 02.04.2004, whereby the Essentiality Certificate dated 09.07.2001 was withdrawn by Directorate of Education. The said writ petition was dismissed as withdrawn on 08.11.2005 when the Court noted that in view of the fact that the order impugned itself records that the petitioner would have a fresh opportunity to apply fresh with proper documentation, including Essentiality Certificate and the petitioner had already applied afresh.

(3.) Vide its resolution dated 19.01.2006, Delhi Development Authority, in order to strike a balance between a transparent mode of allotment and social obligation to provide free education to the poor, formulated a policy, whereby 50% of the school plots were to be placed at the disposal of the Government and the remaining 25% were to be put to public auction with a condition that the auction purchaser would be obliged to provide 25% free ship to students from the poor and weaker sections of the society. Vide Notification dated 19.04.2006, an amendment was made in the DDA (Disposal of Developed Nazul Land) Rules, 1981, which prescribed the mode of disposal of land. The amended Rules provided for earmarking 50% of the plots to Government Schools, besides making it mandatory for all the private prospective auctioneers/bidders to provide 25% free ship to the students from the weaker sections of the society.