R.K. Parashar v. Ms. Gurbachan Kaur & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 504/2017 & CM APPLN. 2272/2017 R.K. PARASHAR ..... Petitioner Through Mr.Gaurave Bhargava, Adv.

versus MS. GURBACHAN KAUR & ORS ..... Respondents Through Mr.Jai Bansal, Adv. for R-1.

Ms.Avnish Ahlawat, Standing counsel with Mr.N.K. Singh & Ms.Palak Rohmetra, Advs. for DoE.

Mr.Mudit Gupta, Adv. for R-2 & 3.

Mr.Prateek Dahiya, Adv. for R-4.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

O R D E R

% 15.02.2019 Vide order dated 20.01.2017, this Court passed order as under: "Accordingly, the impugned order of the Delhi School Tribunal dated 04.01.2017 is stayed till further orders unless varied by the Court to the effect that as against the petitioner that the original judgment of the Delhi School Tribunal dated 10.07.2015 will not be enforced/executed, continuing the liberty to the Delhi School Tribunal as also respondent no.1 to proceed against the managing committee of the respondent nos.2 & 3, inasmuch as, ultimately, the managing of the affairs of the school is by the managing committee and which is shown from a conjoint reading of the definitions of the expressions manager and managing committee as found under Section 2 (m) and 2 (n) read with Rules 181-185 of the Delhi School Education Act and Rules ultimately

fastening the liberty of running up of the school on the managing committee of a school."

In view of the above, order dated 04.01.2017 is set aside and learned Tribunal is directed to proceed with the matter against the respondent nos.2 & 3.

The petition is, accordingly, disposed of.

I hereby make it clear that learned Tribunal shall pass the final order, after giving opportunity to both the parties, within six weeks from the receipt of this order.

SURESH KUMAR KAIT, J FEBRUARY 15, 2019 ab