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High Court of DelhiW.P.(C)/1912/2016

Sunita Gaur v. Union Of India And ORS

2016-03-08Hon'Ble Mr. Justice Manmohan2 pages

#64 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1912/2016 & CM APPL. 8185-8186/2016 SUNITA GAUR ..... Petitioner Through Mr. S.B. Sinha, Advocate versus UNION OF INDIA AND ORS ..... Respondents Through Mr. Tariq Adeeb with Mr. Pankaj Sinha, Advocates for R-1 and 3.

Ms. Seema Dolo and Mr. Akhil Kulshrestha, Proxy Counsel for Mr. Amit Bansal, Advocate for R-2/CBSE.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 08.03.2016 Present writ petition has been filed seeking a direction to respondent no. 2-CBSE to cancel the sanction letter of Composite Provisional Affiliation granted to the School managed by the respondent no. 4-Society. Petitioner who is the sister-in-law of the person managing the respondent no. 4 states that affiliation has been given on misrepresentation of facts.

Learned counsel for petitioner states that while the total area of the School required for affiliation is 2000 sq. mtrs., the actual area in possession of the School is 440 sq. yrds.

A perusal of the paper book reveals that petitioner's husband has filed a representation dated 20th July, 2015 with the Deputy Chief Minister, Govt.

of NCT of Delhi with a copy marked to Deputy Secretary (Affiliation), CBSE. Since the said representation, according to the petitioner, has not been disposed of till date, respondent no. 2-CBSE is directed to dispose of the petitioner's said representation at page nos. 80-81 of the paper book by way of a reasoned order within six weeks.

Respondent no. 2-CBSE is further directed to give an opportunity of hearing to the petitioner as well as respondent no. 4 before passing any order.

With the aforesaid observations, present writ petition and applications stand disposed of. However, it is clarified that this Court has not expressed any opinion on the merits of the controversy and all rights and contentions of parties are left open.

MANMOHAN, J MARCH 08, 2016 rn