- (1.) This appeal under Article 226 of the Constitution of India, filed as a Public Interest Litigation (PIL), flags the issue of allottees of land for the purpose of establishing a nursery school / play school / cr ches thereon, on the condition of admitting students belonging to weaker sections of the society to the extent of 25% and grant of freeship to them, after being put into possession of the said land not abiding by the said condition and the respondents Director of Education, Government of NCT of Delhi (GNCTD) and Delhi Development Authority (DDA) not only not taking any action with respect thereto but also having no mechanism to ensure compliance of the said condition.
(2.) The petition was entertained. The respondent no.1 GNCTD in the affidavit of the Additional Director (Education), Directorate of Education, GNCTD filed in response to the writ petition has even failed to address the issued flagged. However the counsel for the respondent no.1 GNCTD during the hearing sought to wish away any concern with the issue stating that the same was between the DDA as the agency which had allotted the land and the allottee of the land and if the allottee of the land is in breach of any of the terms and conditions of the allotment, it is for the DDA to take action. Per contra, respondent no.2 DDA in the counter affidavit of its Director (Lands) in response to the writ petition has stated that the respondent no.1 GNCTD is the agency to check and monitor the activities of the educational institutions, qua grant of admission to students belonging to weaker sections of the society and that as and when the respondent no.1 GNCTD has informed the respondent no.2 DDA about any violation of norms of admission of students belonging to weaker sections, action for cancellation of allotment and determination of perpetual lease is taken. It is however pleaded that no complaints had been received from the respondent no.1 GNCTD and that though complaints received by the respondent no.2 DDA of violation of 25% freeship condition were forwarded to Directorate of Education, GNCTD which is the monitoring authority for ascertaining the facts but nothing further had been heard. The counsel for the respondent no.2 DDA during the hearing also reiterated the same stand and further contended that DDA is merely the land owing agency and has no mechanism to monitor whether the condition of ensuring admission to students belonging to weaker sections to the extent of 25% and grant of freeship to them is being abided by or not.
(3.) The counsel for the petitioner, during the hearing, rejoined by contending that the allotment by the respondent no.2 DDA of such plots for establishing nursery school is only upon such allotment being sponsored by the respondent no.1 GNCTD and the stand of the respondent no.1 GNCTD of washing off its hands from the responsibility of ensuring compliance by the allottees of the aforesaid condition, is unfair.;