High Court of DelhiW.P.(C)/10185/2017

The Governing Body Raisina Bengali School Society v. Dy. Director Education And ORS.

2017-11-17Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10185/2017 and CM No. 41597/2017 THE GOVERNING BODY RAISINA BENGALI SCHOOL SOCIETY ..... Petitioner Through:

Mr Niloy Dasgupta, Adv versus DY. DIRECTOR EDUCATION AND ORS.

..... Respondents Through:

Mr Naushad Ahmed Khan, ASC, GNCTD

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 17.11.2017 Petitioner is aggrieved by the fact that the erstwhile President of the Managing Committee of the petitioner school is creating an interference and not allowing the members of the School of Managing Committee to function.

On advance notice, learned counsel for the respondent Nos. 1, 2 and 3 has put in appearance. The said respondents point out that the election of the petitioner school has since been ordered by this court in W.P.(C) 8921/2017 and the election schedule already having been notified which process has to commence from 15.12.2017, this writ petition would not really lie.

Learned counsel for respondents rightly point out that this

inter-se dispute between the petitioner members of the Governing Body and the erstwhile President cannot be gone into by the Court at this stage. The prayers made in the petition have been perused. Noting the order passed on 30.10.2017 in W.P.(C) 8921/2017, this court is of the view that this petition is not maintainable and no prayer made in the present petition can be answered in favour of the petitioner.

This court notes the requirement of the respondent and is accordingly of the view that the learned Observer who had been appointed to conduct the election namely (Rajeev Bansal, Sr Adv.) will act as an Administrator in this intervening period i.e., till the time the election takes place and in this interregnum period if there is any dispute / query raised by any person, the same shall be put before the learned Observer who may then answer according to the guidelines of the respondents. All documents / materials of the petitioner school shall be handed over to the Observer. Fee of the Administrator is separately worked out at Rs. 2.5 lacs and after payment the money shall be reimbursed from the account of the school which will then handled by the new governing body.

Petition disposed of in the above terms.

INDERMEET KAUR, J NOVEMBER 17, 2017 SU