SOMERVILLE SCHOOL Vs. DELHI DEVELOPMENT AUTHORITY & ORS

JUDGEMENT

(1.) CM Appl. 1846/2017 (exemption) in W.P.(C) 408/2017 CM Appl. 1848/2017 (exemption) in W.P.(C) 409/2017 Allowed, subject to just exceptions. W.P.(C) 408/2017 & CM Appl. 1845/2017 W.P.(C) 409/2017 & CM Appl. 1847/2017 When the matters had initially come up for hearing on 17 th January, 2017, this Court was inclined to pass a preliminary order. However, at the request of learned counsel for the Government of NCT of Delhi (for short 'GNCTD'), the matters were adjourned to 19th January, 2017 on the ground that the respondents had engaged a senior counsel who would be available only on the said date. Once again on 19th January, 2017, the matters were adjourned as the learned ASG wished to peruse some judgments. Consequently, today, the matters have been taken up for preliminary hearing.

(2.) It is pertinent to mention that present writ petitions have been filed by private unaided minority schools praying primarily for quashing the Notification dated 07th January, 2017 issued by respondent No.2 to the extent it applies to them and for reading down Condition No.20 of the allotment letter issued by the first respondent and to declare that it cannot override the constitutional rights of the petitioners.

(3.) The relevant portion of the impugned Notification dated 07 th January, 2017 is reproduced hereinbelow:-