Who can be the Manager of a Christian Minority Aided School? Delhi High Court (DB) issued notice to the Central Govt., Delhi Govt. and Victoria Girls Sr. Sec. School and directed them to file reply to the writ petition filed by the Vice Principal of the school challenging the appointment of the Hony. Manager of the school

22.07.2022

Delhi High Court (DB)

 

Who can be the Manager of a Christian Minority Aided School?

Delhi High Court (DB) issued notice to the Central Govt., Delhi Govt. and Victoria Girls Sr. Sec. School and directed them to file reply to the writ petition filed by the Vice Principal of the school challenging the appointment of the Hony. Manager of the school

 

Victoria Girls Sr. Sec. School is a Christian Minority Aided School in Delhi. It was established in the year 1868. Mrs. Charu Singh Rathore is Vice Principal of Victoria Girls Sr. Sec. School and Mr. A. Raja Singh is the Hony. Manager of the said school.

 

Mrs. Charu Singh Rathore challenged the appointment of Mr. A. Raja Singh as the Hony. Manager of the school by filing a Writ Petition [W.P. (C) No. 11002/2022] before the Hon’ble Delhi High Court.

 

Mrs. Charu Singh Rathore in her writ petition submitted that on 01.09.2017, Mr. Raja Singh was appointed as Hony. Manager of the School. Mr. A. Raja Singh was 65 years old at the time of his appointment. He is 70 years old as on date. There is also an FIR under Section 376, IPC, lodged by Delhi Police against Mr. A. Raja Singh. Mr. A. Raja Singh, however, still continues to hold the post of Hony. Manager of the school.

 

Mrs. Charu Singh Rathore further submitted that in terms of Section 5 of the Delhi School Education At, 1973, read with Rule 59 of the Delhi School Education Rules, 1973, the Victoria Girls Sr. Sec. School was required to frame a ‘Scheme of Management’. In the said ‘Scheme of Management’, the school was required to specify the terms and conditions of appointment of the Manager, procedure/conditions for removal of a Manager, qualifications of Manager, etc. The ‘Scheme of Management’ of Victoria Girls Sr. Sec. School is, however, completely silent on the aforesaid crucial aspects.

 

Mrs. Charu Singh Rathore, in her writ petition, submitted that the appointment of Mr. A. Raja Singh as Hony. Manager of the school is illegal. She also submitted that the ‘Scheme of Management’ of the school is contrary to Rule 59 of the Delhi School Education Rules, 1973 as well as Section 5 of the Delhi School Education Act, 1973. She also submitted that Proviso-II to Rule 59 (3) of the Delhi School Education Rules, 1973, is ultra vires and in direct contravention of Section 5 of the Delhi School Education Act, 1973. She also submitted that the school has not taken the approval of the ‘Scheme of Management’ from the Director of Education, Govt. of NCT of Delhi, which the school was legally bound to take from the Director of Education.

 

Considering the submissions made by Mrs. Charu Singh Rathore, the Hon’ble Delhi High Court, vide Order dated 22.07.2022, issued notice to the Central Govt., Delhi Govt. as well as Victoria Girls Sr. Sec. School and directed them to file their replies to the writ petition.

 

Mrs. Charu Singh Rathore also submitted that her mother-in-law is suffering from cancer and her medical reimbursement file has not been processed by the school. The Hon’ble Delhi High Court, accordingly, directed the school to process the medical reimbursement file of Mrs. Charu Singh Rathore within 2 weeks.

 

The next date of hearing of the writ petition is 26.09.2022.

 

[Charu Singh Rathore Versus Victoria Girls Senior Secondary School & Ors., W.P. (C) No. 11002/2022; date of Order = 22.07.2022, Next date of hearing = 26.09.2022]

 

Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com