Maxfort School v. Directorate Of Education & ANR

#45 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3477/2016 & CM APPLs. 14892-14893/2016 MAXFORT SCHOOL ..... Petitioner Through Mr. Akhil Sibal with Mr. Kamal Gupta, Advocates versus DIRECTORATE OF EDUCATION & ANR ..... Respondents Through Mr. Sudheer Nandrajog, Senior Advocate with Mr. Santosh Kumar Tripathi, ASC (Civil), GNCTD.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 26.04.2016 Present writ petition has been filed seeking a direction to respondents to furnish the documents referred to or forming the basis of the issuance of show cause notice dated 08th April, 2016 wherein a reply is sought as to why the petitioner-Private Unaided School be not taken over by Government under Section 20 of the DSE Act, 1973.

Petitioner further seeks a direction to respondents to provide a personal hearing before passing of any order under Section 20 of the DSE Act, 1973 Mr. Akhil Sibal, learned counsel for petitioner states that petitioner made representations dated 18th April, 2016 and 22nd April, 2016 requesting

respondent No.1 to provide copies of documents mentioned in the aforesaid show cause notice, but no reply has been received till date. He further states that no opportunity of personal hearing has been given to the petitioner. Mr. Sudheer Nandrajog, learned senior counsel for respondents states that an authorised representative of petitioner-school can inspect the file of Directorate of Education tomorrow from 10.30 a.m. onwards. He further states that the petitioner shall be entitled to take photocopies of documents at the usual cost.

Mr. Sibal assures and undertakes to this Court that a reply to the show cause notice shall be filed on or before 9th May, 2016. Mr. Nandrajog also states that an oral hearing shall be given to the petitioner on 13th May, 2016 at 11.00 a.m. by the Directorate of Education. He points out that oral hearing shall be given by the Directorate of Education as the order, if any under Section 20 of the DSE Act and Rules, 1973, shall be passed by the Directorate of Education itself. The statements made by both the counsel are accepted by this Court and both parties are held bound by the same.

As the concern of the petitioner stands duly addressed, the present writ petition and applications are disposed of. Order dasti under signature of Court Master.

MANMOHAN, J APRIL 26, 2016 rn