MKD NATIONAL PUBLIC SCHOOL Vs. GOVT OF NCT
LAWS(DLH)-2007-11-45
HIGH COURT OF DELHI
Decided on November 29,2007

MKD NATIONAL PUBLIC SCHOOL Appellant
VERSUS
GOVT. OF NCT Respondents

JUDGEMENT

- (1.) THE Petitioners seek an appropriate direction to the Respondents for the grant of recognition to a school known as the "m. K. D. National Public School".
(2.) THE facts necessary for deciding this case are that the second petitioner, i. e the Society was registered on 25. 11. 1987. It applied, on 2. 2. 2. 1994 under Rule 44 of the Delhi School education Rules, for establishing a new school. The Respondents issued an essentiality certificate on 9. 3. 1994 and after considering the materials placed before them, approved the Scheme of Management submitted by the Petitioners, on 1. 7. 1994. An application for recognition of the school was lodged by the petitioner in terms of Rules 50 and 51 of the delhi School Education Rules, 1974 ("the Rules" ). It was asserted that the Petitioners had filled all the relevant particulars including the check-list and, the building plan duly certified by the concerned District Authorities.
(3.) THE Petitioners sought for recognition and upgrading of the school to a middle school level; it functions a plot measuring 113 sq. mtrs. According to the averments in the petition, the premises were inspected on three occasions i. e. September, 1994, december, 1994 and January, 1996. It is also alleged that according to the Respondents, the education imparted in the school was of a fairly high standard. The Petitioners rely upon the noting of the Deputy Director of the Education that the school was serving the cause of education in a thickly populated area and there was no Government or public school in the immediate vicinity of its location. Apparently, some objections were raised about the student strength which led to the Petitioner furnishing an undertaking on 7. 3. 1996 that not more than 20 students would be enrolled for each class. The Petitioners also rely upon another inspection carried out on 12. 8. 1996 by the Education officer jointly with the vice-Principal of a Government school which reported that the building had sufficient space to run the school and the size of the class rooms were more than 200 sq. ft. The Committee also reported that the built area of the School was 471. 12 sq. mtrs, or 5071. 24 sq. ft.;


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