BRAHAM PRAKASH Vs. STATE

JUDGEMENT

(1.) These proceedings under Article 226 of the Constitution of India have been preferred by teachers and members of the staff of the Gyan Mandir Middle School, Tis January Lane (hereafter called "the aided school"). They seek appropriate directions for the withdrawal of recognition of the "Indian School" managed by the fourth and fifth respondents, and other reliefs. Petitioner Nos. 2 to 16 are teachers and staff employed by the aided school.

(2.) The fifth respondent is a registered society; it started the aided R.K.K.Gyan Mandir Middle School at Tis January Lane, sometime in 1967. Later, the Delhi Administration (now the Government of National Capital Territory of Delhi, referred to as "GNCT") granted aid. The school occupied an area of 0.44 acres, in Tis January Lane; on 27-8-1975 the land was temporarily alloted to the society. Apparently, the temporary arrangement was to end, since the society had applied for regular allotment of a plot in Sadiq Nagar. The allotment could not be finalized. Apparently considerable inter se correspondence took place between the society and the land owning agency, i.e the Land and Development Office, Central Government (hereafter "L and DO"). A perpetual lease deed was executed between the society and the Land DO on 29-10- 1996, whereby 2.34 acres of land at Sadiq Nagar were demised on leasehold basis in favour of the former.

(3.) The temporary allotment of the Tis January plot ended on 31-3-1997. The society, which had secured possession of the plot in Sadiq Nagar, was asked to hand over possession. As the plot at Tis January housed the aided school, catering to the needs of about 500 students studying in the vicinity and employed several teachers, practical difficulties were encountered in handing over the site. The L and DO, conscious of this situation, held consultations with the society and the New Delhi Municipal Committee (NDMC). An offer was made to the NDMC that the school should be taken over by it on "as is where is basis" through a letter, dated 27-11-2001; an allotment letter to such effect was issued on 15-4-2002 by the L and DO.