NEHARIKA TYAGI Vs. ARMY PUBLIC SCHOOL

JUDGEMENT

(1.) This writ petition was filed by the students studying in classes Vlth, Vllth and VI 11th through their parents studying in Army Public School, the 1st respondent and in essence challenges the discontinunance of French Language class in the Army Public School, respondent No.1 This decision to discontinue the French classes was taken in the managing committee meeting of the school on 2nd January, 1998, and is stated to violate provisions of Delhi Scho of education' Act and Rules (hereinaftrer referred to as the Act) Though the respondent No.1 'to sustain the impugned decision has relied upon an inspection carried by the Director, Military Training and has stated that the discontinuance of French language classes was for bringing about uniformity in Army public School, branches of which are situated all over the country so as to obviate the inconvenience caused to transfers from one Army School to another it is nor necessary not permissible to go into this aspect in the writ proceedings.

(2.) This judgment is therefore confined to the discussions to the legal pleas raised by the learned counsel for the petitioner. The learned counsel for the petitioner has relied upon Section 3(3) of the Act. He has contended that the Act, as amended in 1987 forbids the creation or abolition of any class/section without the permission of the education authorities. The said Section reads as follows: "3(3) On and from the commencement of this Act and subject to the provisions of clause (1 ) of article 30 of the Constitution, the establishment of a new school or the opening of a class or a section or the closing down of an existing class or any section of an existing class in any existing school in Delhi shall be subject to the provisions of this Act and the rules made there under and any school or higher class ' established or opened otherwise than in accordance with the provisions of this Act ' shall not be recognised by the appropriate authority."

(3.) The learned counsel has further contended that the phrase 'class/section' used in the said Section 3(3) covers even a subject like French. In support of this plea he has relied upon the fact that in class Vlth; Vllth and VI 11th there are two to three sections where all the students are studying French. He further contended that discontinuance of the French language tantamounts to discontinuance of a class/section and is forbidden by the mandate of Section 3(3) of the Act. He also relied upon the dictionary meaning of 'class' in this regard which reads as follows: class a lesson or lecturd, a number of pupils taught together, a category, kind or type, members of which share common characteristics, a grade or standard, any of the social groupings into which people fall according to their job, wealth etc.