LAWS(DLH)-2008-2-381

GEETA Vs. SHIVANANDA VIDYA BHAVAN SECONDARY SCHOOL

Decided On February 07, 2008
GEETA Appellant
V/S
SHIVANANDA VIDYA BHAVAN SECONDARY SCHOOL Respondents

JUDGEMENT

(1.) THIS writ petition has been filed complaining against the action of the respondent no. 2 closing the Shivananda Vidya Bhawan Secondary School on the ground that the same was opposed to the interest of the weaker sections of society as children from this section were being educated in this school. It has been submitted that the school was closed illegally mid session resulting in tremendous difficulty to the students who were unable to get admission in other schools.

(2.) THE respondents have opposed the writ petition pointing out that the writ petition was without cause of action. It has further been submitted that the respondent no. 2 had set up the respondent no. 1 as a recognised middle level school from 6th to 8th class for the academic session 1984-1985 and thereafter till the secondary level from 6th to 10th class for the academic session 1991-1992. On account of the meagre fees being charged from the students, it was difficult for the school to employ and pay to the teachers and the staff as per the norms fixed by the respondent no. 3 in terms of the provisions of the Delhi School Education Act and Rules, 1973 and because of non-cooperation by the staff members. Further the request of the respondent nos. 1 and 2 to the Directorate of Education for school enhancement of fee was not being considered. The school was compelled to seek increase of the fees resulting in requests from parents of the students for school leaving certificates. Copies of some of such requests have been placed before this court. The students have placed communication from the parents of the schools on whose behalf school leaving certificates have been sought. Letters purportedly addressed by the petitioner nos. 2 and 3 have also placed on record wherein it is submitted that they have no grievance or complaint and the writ petition purporting to be on their behalf was without basis and not supported by them. None appears for the petitioner when the matter is called out. Despite repeated opportunities no rejoinder has been filed contesting these averments. Mrs. Raj Laxmi a member of the respondent no. 2 who is present in court has submitted that the respondents have facilitated the admission of the children of all the petitioners who have been admitted to good schools. For the foregoing reasons, I see no merit in this writ petition which is dismissed.