Bs Public School Samiti & ANR. v. Sh T Pritam Singh Regional Director Western Regional Committee & ANR.

$-33, 36, 37, 39, 40, 41, 45, 46 & 48 (1) *

IN THE HIGH COURT OF DELHI AT NEW DELHI

CONT.CAS(C) 213/2021 & CM APPL. 10198/2021 SHRI SHAKUNTAL SECONDARY TEACHERS TRAINING COLLEGE & ANR.

DR VINEET JOSffl IAS CHAIRPERSON NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR.

CONT.CAS(C) 401/2020, CM APPL. 18656/2020, CM APPL. 18657/2020 & CM APPL. 30082/2020 SHRI KRISHNA GOPAL SHIKSHA SAMITI & ANR.

DR VINEET JOSHI IAS CHAIRPERSON NATIONAL COUNCIL FOR TEACHER EDUCATION & ORS.

/' CONT.CAS(C) 406/2020, CM APPL. 18699/2020, CM APPL. 18700/2020 & CM APPL. 30065/2020 SHRI KRISHNA GOPAL SHIKSHA SAMITI & ANR.

DR VINEET JOSm IAS CHAIRPERSON NATIONAL COUNCIL FOR TEACHER EDUCATION & ORS.

CONT.CAS(C) 508/2020 & CM APPL. 30084/2020 RAJASTHAN DELHI EDUCATION SOCIETY & ANR.

Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

% DR VINEET JOSHI IAS CHAIRPERSON NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR.

CONT.CAS(C) 515/2020 & CM APPL. 30090/2020 RAJASTHAN DELHI EDUCATION SOCIETY & ANR.

DR VINEET JOSHI IAS CHAIRPERSON NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR.

CONT.CAS(C) 521/2020, CM APPL. 30057/2020, CM APPL. 16613/2021 & CM APPL. 16614/2021 RAJASTHAN DELHI EDUCATION SOCIETY & ANR.

DR VINEET JOSm IAS CHAIRPERSON NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR.

CONT.CAS(C) 657/2020 y BS PUBLIC SCHOOL SAMITI & ANR.

SH T PRITAM SINGH REGIONAL DIRECTOR WESTERN REGIONAL COMMITTEE & ANR.

CONT.CAS(C) 658/2020 B S PUBLIC SCHOOL SAMITI & ANR.

SH T PRITAM SINGH REGIONAL DIRECTOR WESTERN

REGIONAL COMMITTEB NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR.

CONT.CAS(C) 681/2020 MAHARANA PRATAP MANAV VIKAS SAMITI & ANR.

SH T PRITAM SINGH REGIONAL DIRECTOR WESTERN REGIONAL COMMITTEE NATIONAL COUNCIL FOR TEACEER EDUCATION & ANR.

Through:

Mr. Amitesh Kumar, Ms. Binisa Mohanty and Ms. Priti Kumari, Advs.

for the petitioners.

Mr. Jai Sahai Endlaw and Mr.

Subhoday Banerjee, Advs. for the respondents.

CORAM:

HON'BLE MR.

JUSTICE NAJMIWAZIRI

ORDER

% 21.09.2021 The hearing has been conducted through video conferencing. I. The learned counsel for the respondents states that Letter of Intent has been issued in the following matters:

(i) CONT.CAS(C) 401/2020 (ii) CONT.CAS(C) 406/2020 (iii) CONT.CAS(C) 508/2020 (iv) CONT.CAS(C) 521/2020 (v) CONT.CAS(C) 657/2020 (vi) CONT.CAS(C) 658/2020 (vii) CONT.CAS(C) 681/2020

^7

2. He also submits that further consideration will be contingent upon the replies, documents, etc. being furnished.

3. However, the Court would note that the LOIs have been issued much after the time granted to NOTE. The applications were to be considered and disposed-off by March 2020 but that month itself the COVID-19 pandemic disrupted normal life throughout the country.

Later, the Supreme Court extended the time for compliance till 31.03.2021. Again, in April 2021, C0VID^9 paralysed normal life for, another 8 to 10 weeks.

4. The learned counsel for the respondents submits that the LOIs have been issued in the aforementioned 7 cases. The learned counsel for the petitioners submits that he has not received any instructions in this regard. The learned counsel for the respondents has sent the said LOIs through e-mail with the learned counsel for the petitioners, during the course of the proceedings. He also submits that in CONT.CAS(C) 213/2021, a revised order has been issued, and in CONT.CAS(C) 515/2020, application has been refused. The processing of the first 7 cases would depend upoirthe response to the LOI. He says that the contempt petitions were filed even at a time when the Supreme Court had extended time for compliance.

5. The petitioners contend that the extension of time was only till 30.03.2021 and it was conditional; the petitioners' cases were not processed and they have lost the academic year of 2021-22. Now, with the response of the NCTE, of whatever worth it be, the petitioners can only expect due recognition for the academic year

2022-23.

6. The loss caused to them is an issue for which they may pursue their remedies, as may be available in law. The fact remains that there is delay of many months in compliance and the same has happened only pursuant to the filing of the contempt petitions for which the petitioners have expended monies towards legal expenses. It is not in dispute that the respondents have been in breach for many months.

7. Since the petitioner has been constrained to approach this court by way of present contempt petition for which he must have expended monies, token costs of Rs.9,000/- is imposed upon the respondent NCTE, to be deposited in two weeks, with the Deputy Conservator of Forests (South), GNCTD. The monies shall be used for purchase of trees from government owned nursery for plantation of trees in the Central Ridge. The said DCF is aware is of where and which type of tree are to be planted, as in the last two years the Forest Department has planted over 43,000 trees in the Central Ridge pursuant to costs/trees deposited with it, under scores of court orders. All such planted trees, are said to be in healthy condition.

8. Depending upon the soil type and topography, the DCF may consider planting the following variety of trees: (i) Dhau (ii) Hingot (iii) Khair (iv) Kumttha (v) Dhak (vi) Phulai (vii) Kareel (viii) Salai

(ix) Kala siris/safed siris (x) Kaniar (xi) Pilkhan (xii) Pisangan (xiii) Amaltas (xiv) Chudailpapdi (xv) Ronjh (xvi) Bistendu

9. Each tree shall have a minimum of two-years' nursery-age and trunk height of six feet.

10. A compliance affidavit, along with photographs of the plantation, shall be filed both by the DCF and the respondents in four weeKS, failing which the matters shall be listed for directions. Copy of this order be served upon DCF (South), GNCTD.

11.Coordination in this regard may be done with Mr. Gautam Narayan, ASC, GNCTD, who has been assisting the court in plantation of trees, upon costs being levied on parties. 12.The petitions, along with pending applications, are disposed-off in terms of the above.

13.Liberty is granted to the parties to approach the Court in case of difficulty.

^ 14.The order be uploaded on the website forthwith. NAJMyWAZIRI, J SEPTEMBER 21,2021 L/ AB