Rekha Palli JUDGMENT
Rekha Palli, J.
C.M. No. 17871/2018
Exemption allowed, subject to just exceptions.
The application stands disposed of.
W.P.(C) 4631/2018 & & C.M. No. 17870/2018
1. The Petitioner No. 1/School, which is a private unaided school recognized by the Respondent No. 2/Directorate of Education, and the Petitioner No. 2, which is a duly elected Parent Teachers' Association of the Petitioner No. 1, have preferred the present petition seeking inter alia a direction to the Respondent No. 1/Hon'ble Lt. Governor of GNCTD to afford them an opportunity of showing cause against the Respondents' proposed action of taking over the management of the Petitioner No. 1 under Section 20 of the Delhi School Education Act, 1973 (hereinafter referred to as the "DSE Act"), by giving them a personal hearing in compliance with the principles of natural justice.
2. When the petition was taken up for preliminary hearing on 02.05.2018, learned counsel for the Respondents had taken time to obtain instructions. Today, learned counsel for the Respondents submits that he does not wish to file any counter affidavit and wishes to oppose the petition on the basis of pleadings already on record. Therefore, the petition has been taken up for hearing on the consent of the parties.
3. The facts as emerge from the record that are relevant for determining the present petition are that the Respondents issued a show cause notice dated 29.08.2017 to the Petitioner No. 1, proposing to take over its entire management under Section 20 of the DSE Act on the ground of various alleged non-compliances/violations mentioned therein on the part of Petitioner No. 1. In response to the Respondents' aforesaid show cause notice, apart from making repeated oral requests for a personal hearing, the Petitioner No. 1 submitted a detailed reply dated 24.11.2017, as also additional replies/clarifications dated 19.01.2018, 12.02.2018, 17.02.2018, 21.03.2018 and 28.04.2018 respectively. However, the Respondents till date have neither responded to the Petitioner No. 1's replies, nor granted it any personal hearing to explain the alleged violations or non-compliances mentioned in the show cause noticed dated 29.08.2017. Hence, the Petitioners, apprehending that the Respondents will take over the management of the Petitioner No. 1 by passing an order under Section 20 of the DSE Act without giving a personal hearing to the Petitioner No. 1, have preferred the present petition seeking inter alia a direction to the Respondents to comply with the principles of natural justice and grant a personal hearing to the Petitioner No. 1 to explain the alleged violations/non-compliances mentioned in the show cause notice.
4. In support of the petition, Mr. Parag Tripathi, learned Senior Counsel for the Petitioners, contends that an order passed under Section 20(1) of the DSE Act affects the substantive rights of the concerned School and its students. Therefore, by placing reliance on the decisions of the Hon'ble Supreme Court in the cases of Manohar........