LexGYAN MANDIR SOCIETY AND ANR. versus ASHOK KUMAR & ORS.
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[201 O] 2 S.C.R. 845 GYAN MANDIR SOCIETY AND ANR. v. ASHOK KUMAR & ORS. (Special Leave Petition (Civil) No. 21954 of 2009) FEBRUARY 16, 2010 [J.M. PANCHAL AND T.S. THAKUR, JJ.] EDUCA Tl ON/Educational Institutions: A B Taking over/Shifting of School - Society running a c school, allotted an alternative school site and asked to vacate the existing site - Society starting school at allotted site and the existing school taken over by NDMC on "as is where is basis" - Writ petition seeking absorption of teachers and adjustment of students of existing school on freeship basis D in the new school of the Society - HELD: The view taken by the High Court that the society was obliged to absorb the teachers and the students from existing school, does not suffer from any error of law or jurisdiction to warrant interference in exercise of powers under Article 136 of the E Constitution - However, the direction regarding free transportation to students from existing school locality to the new school does not have any contractual or other legal basis and is, therefore, deleted - Constitution of India, 1950 - Article 136. CIVIL APPELLATE JURISDICITION : SLP (Civil) No. 21954 of 2009. From the Judgment & Order dated 20.7.2009 of the High Court of Delhi at New Delhi in LP.A No. 1307 of 2007. Ashok Desai, Rohit Choudhary, B.R. Menon, Preeti Khewani, B. Vijayalakshmi Menon for the Petitioners. 845 F G H 846 SUPREME COURT REPORTS [2010) 2 S.C.R. A Sanjiv Sen, Prashant Kumar, Anuja Chopra for the Respondents. The Order of the Court was delivered ORDER B T.S. THAKUR, J. 1. In this petition for special leave to appeal the petitioners call in question the correctness of an order dated 20th July, 2009 passed by a Division Bench of the High Court of Delhi whereby LP.A No.1307 of 2007 filed by c the petitioners has been dismissed with costs assessed at Rs. 75,000/- and directions issued by the learned Single Judge of the High Court in W.P.(C) No. 11778of2006 affirmed. 2. The facts giving rise to the filing of the writ petition and D the Letters Patent Appeal have been set out in detail by the High Court making it unnecessary for us to state them over again. Suffice it to say that W.P.(C) 11778 of 2006 was filed by the teachers employed with the petitioner society running a neighbourhood school at Tis January Lane, New Delhi falling within the NDMC area. With the allotment of an area measuring E 2.284 acres at Sadiq Nagar in favour of the petitioner - society the temporary allotment made in favour of the petitioner's society at Tis January Lane came to ari end on 31st of March, 1997. The society was accordingly asked to hand over the possession of the land but since the school was catering to the needs of F about 500 students and several teachers had been employed by the society to impart education to the students, practical difficulties were encountered in handing over the site. After detailed deliberations and prolonged correspondence the NDMC offered to take over the school on "as is where is" basis. G A letter to that effect was issued by the L&DO on 1st April, /' 2002. The possession of the school was pursuant to that letter '. handed over to the L&DO on 8th March, 2006, who on the same day delivered the possession of the school building to the NDMC. H GYAN MANDIR SOCIETY AND ANR. v. ASHOK 847 KUMAR & ORS. [T.S. THAKUR, J.] 3. In the meantime the society filed Writ Petition (Civil) A 17889-90 of 2005 seeking permission to construct a building for a senior secondary school at Sadiq Nagar over the site allotted in its favour. The High Court allowed that writ petition by its order dated 16th March, 2006. It is note-worthy that in the said proceedings the society had maae a categorical 8 statement that students studying in the Tis January Lane school can be accommodated by the society in the school being run by it at Andrews Ganj on freeship basis and if fees are charged, the same shall not be in excess of what they were paying in the. Tis January Lane school. 4. W.P.(C) No.11778 of 2006 was at that stage filed by the teachers employed by the society for its Tis January Lane school in which they prayed for the following reliefs:- c ( a) issue a writ in the nature of mandamus to D respondent No.1 to cancel the allotment of the Sadiq Nagar site of school measuring 2.34 acres allotted to respondent Nos. 4 & 5 vide dated 27.08.1975; (b) issue appro
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