High Court held that no further order was required in the writ petition seeking quashing of centralized fee account directions as the system was discontinued in 2019, fundamentals were addressed in prior case law, and auditors were appointed to regulate funds.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GURU HARKRISHAN PUBLIC SCHOOL STAFF WELFARE ASSOCIATION .....Petitioner Through: Mr. J.S. Bedi, Advocate
versus
THE GOVT. OF NCT OF DELHI & ORS .....Respondents Through: Mr. Satyakam, Additional Standing Counsel for GNCTD with Mr. Archit Kaushik, Advocate for GNCTD.
Mr. Yeeshu Jain, Additional Standing Counsel with Ms. Jyoti Tyagi and Mr. Hitanshu Mishra, Advocates for DoE.
Mr. Abinash Kumar Mishra with Ms. Avneet Kaur, Advocates for R2 and R3.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R % 09.09.2024
“a) Issue a writ of mandamus, order or direction, declaring the Resolution No. 6A dated 26.2.2016 passed by the Respondent No.3 (Annexure-P/1) as illegal, unlawful and violative of Rules 172 to 178 of the Delhi School Education Rules 1973 and consequently quash the direction passed by the Respondent No. 2 vide email dated 31.3.2016 (Annexure-P/3) directing all the schools to deposit the fee collected from students in a centralized fee account bearing number 00131000915431, Punjab & Sindh Bank, H- Block, Connaught Place, New Delhi which is being run and managed by Respondent No.2 & 3;
W.P.(C) 8205/2016 Page 1 of 4
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/11/2024 at 14:11:23
b) Issue a writ of mandamus, order or direction, by directing the Respondent No. 1 to take action against the Respondent No. 2 & 3 or the managing committee of all the 12 schools run by the Respondent No.2 for violating the Rules 172 to 178 of the Delhi School Education Rules 1973;
c) Issue a writ of mandamus, order or direction, by directing the Respondent No. 1 to conduct an audit of each and every school run by the Respondent No. 2 & 3 through a competent authority and submit the same before this Hon'ble Court;”
W.P.(C) 8205/2016 Page 2 of 4
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/11/2024 at 14:11:23
W.P.(C) 8205/2016 Page 3 of 4
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/11/2024 at 14:11:23
DSGMC and as per his instructions, the loan has been possibly cleared. It is also submitted that after the judgment of this Court in Shikha Sharma v. Guru Harkrishan Public School and Others, 2021 SCC OnLine Del 5011 , benefits of 6th and 7th CPC were required to be disbursed to the employees of GHP Schools along with their retiral benefits and money was utilized to make these payments and there is no illegality in utilization of funds by the School and the writ petition deserves to be dismissed.
JYOTI SINGH, J
SEPTEMBER 09, 2024/kks/shivam
W.P.(C) 8205/2016 Page 4 of 4
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/11/2024 at 14:11:23
Colour shows how this judgement treated each authority
Shikha Sharma v. Guru Harkrishan Public School and Others, 2021 SCC OnLine Del 5011Referred¶29
Shikha Sharma v. Guru Harkrishan Public School and Others, 2021 SCC OnLine Del 5011 · Who else cites this
CM APPL. No.18470/2023Referred¶25
Guru Harkrishan Public School Staff Welfare Association
The Govt. of NCT of Delhi
Director of Education
DSGMC
Jyoti Singh
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
