Life Centre Academy v. Directorate Of Education & ORS

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 102/2018 & CM APPL. 9522-24/2018 LIFE CENTRE ACADEMY ..... Appellant Through:

Mr. Anshumaan Sahni and Mr. Aman Bhalla, Advocates.

versus DIRECTORATE OF EDUCATION & ORS ..... Respondents Through:

Mr. Anuj Aggarwal, ASC, GNCTD with Ms. Deboshree Mukherjee, Advocate.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 12.04.2018 CM APPL. 9523-24/2018 (for exemption) Allowed, subject to all just exceptions.

LPA 102/2018 & CM APPL. 9522/2018 (for stay and urgent interim directions) Learned standing counsel for the respondent/GNCTD submitted that there are atleast 20 basic objections listed in the order of the Directorate of Education dated 20.02.2018, which come in the way of recognition of the appellant school. Learned counsel for the appellant highlighted that in November, 2017 an order was made requiring the appellant to furnish a check-list of 91 points and besides that the inspection report was not made available.

Today, during the hearing, this Court was apprised of the amendment to the Delhi Right of Children to Free and Compulsory Education Rules, 2013, originally formed in 2011. The effect of this

amendment is to incorporate - by reference, the provisions of the Delhi School Education Rules framed under the Delhi School Education Act, 1973.

During the course of the hearing, a copy of the inspection report was furnished to the counsel for the appellant. In the light of this report and the order of the Directorate of Education dated 20.02.2018, this Court is of the opinion that the appellant should approach the Director, Directorate of Education with a fresh request or appropriate letter indicating the compliance with the norms. In such event, the Director, Directorate of Education shall ensure the inspection of the school premises within two weeks of the receipt of the request and based upon it shall indicate the decision within two weeks after receipt of the inspection report. The Director, Directorate of Education shall ensure that the inspection is conducted transparently and that the points are recorded at the school premises; the report should be witnessed or appropriately counter-signed by the applicants or its representatives.

The appeal is disposed of in the above terms subject to the above conditions. However, the application i.e. CM No. 7235/2018 in WP(C) 3332/2017 shall be deemed to be pending and not rejected primarily.

Order Dasti.

S. RAVINDRA BHAT, J A. K. CHAWLA, J APRIL 12, 2018/nn