SHREEYANS EDUCATIONAL SOCIETY Vs. SECRETARY EDUCATION

JUDGEMENT

(1.) At the outset, I may record that at the hearing held on 18th April, 2006, Ms.Zubeda Begum counsel for Government NCT, Delhi stated that the real purport of the impugned communication dated 2.4.2004 is to treat the petitioner ineligible for land to set up a school at Vasant Kunj. The Directorate of Education continues to treat the petitioner as the holder of a valid Essentiality Certificate and Sponsorship Letter pertaining to the area Samalkha and Rajokri. Noting the said stand of Government of NCT Delhi, I proceed to note the facts and deal with the issues urged at the hearing held on 18.4.2006.

(2.) Nazul land placed by the Central Government at the disposal of DDA in terms of Section 22 of the Delhi Development Act, 1957 are required to be developed and disposed of by DDA upon such terms and conditions as may be prescribed by the Central Government. The Central Government has notified the Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981 (here-in-after referred to as the Nazul Land Rules, 1981). The said rules specify the manner in which Nazul lands would be allotted and the premium to be charged for the allotment. Briefly stated, under Rule 5, DDA can allot Nazul land for establishing schools provided the person applying for land complies with Rule 20 of the Nazul Land Rules, 1981. Inter alia, Clause 'e' of Rule 20 of the Nazul Land Rules, 1981 requires that before allotment of land can be made, the applicant must be sponsored or recommended by the concerned department of Government of NCT, Delhi or a Ministry of Central Government. Since education upto senior secondary level is regulated in the Union Territory of Delhi by the Government of NCT, Delhi, pertaining to land to be allotted for establishing a school, requisite sponsorship or recommendation has to be obtained from the Directorate of Education, Government of NCT, Delhi.

(3.) Petitioner, a society registered under the Societies Registration Act, 1860 intended to establish a middle school in Delhi. On 30.6.2000 it submitted the necessary application to the Educational Officer, South-West Zone. By and under the said application request was made to issue a Essentiality Certificate to the petitioner for opening a middle school. The letter reads as under :- "Sir, I am applying for granting EC for opening a new middle school in Zone South West. Kindly find enclosed all the documents required by your office and please issue EC to Society as early as possible."