Swatanter Kumar, J. - (1.) The Bench hearing the letters patent appeal in the High Court of Delhi at New Delhi, while setting aside the judgment/order passed by the learned Single Judge dated 14th September, 2005 in Writ Petition (C) No. 2426 of 1992, issued a certificate of leave to appeal under Article 133 read with Article 134A of the Constitution of India, 1950 (for short 'the Constitution') in its judgment dated 30th November, 2006 and considered it appropriate to frame the following questions to be decided by this Court:(a) Whether Rule 64(1)(b) of the Delhi School Education Rules 1973 and the orders/instructions issued thereunder would, if made applicable to an aided minority educational institution, violate the fundamental right guaranteed under Article 30(1) of the Constitution and are the respondents herein entitled to a declaration and consequential directions to that effect (b) Have the judgments of the learned Single Judge of the High Court in Sumanjit Kaur v. NCT of Delhi 2005 III AD (Delhi) 560 as affirmed by the decision dated 1.2.2006 of the Division Bench of the High Court in LPA Nos. 445-446/2005 Govt. of National Capital of Territory of Delhi v. Sumanjit Kaur been correctly decided
(2.) It is useful to notice at this juncture itself that the Division Bench doubted the correctness of judgment of another Division Bench of that Court in the case of Govt. of NCT of Delhi v. Sumanjit Kaur in LPA Nos. 445-446 of 2006 dated 1.2.2006. The Division Bench had affirmed the view taken by the Single Judge in Sumanjit Kaur (supra). The learned Single Judge had expressed the view that such circulars and regulations issued by the Directorate of Education, would be unconstitutional since they are likely to interfere with the choice of the medium of instruction as well as minority character of the institution by compelling the appointment to the teaching faculty of persons, who may be inimical towards that minority community. The Court further held that since the approval in the facts of the case would be deemed to have been granted, the Court was not expected to discuss or pass further orders in the writ petition. The Division Bench, which passed the impugned judgment expressed the view contra to the view taken by the learned Single Judge in the Case of Sumanjit Kaur (supra), as affirmed by the Division Bench. While noticing that the Government of NCT of Delhi had filed the Special Leave Petition (C) No. 16374 of 2006 in this Court in that case, the Division Bench in the present case thought it fit to grant the certificate for leave to appeal to this Court.
(3.) This is how we have been called upon to examine the constitutionality and legality or otherwise of the above questions framed by the High Court of Delhi. We are also of the considered view that besides the above question, it will have to be examined that even if the relevant provisions of the Delhi School Education Act, 1973 (for short the 'DSE Act') are not unconstitutional, would they still apply with their rigors to the linguistic minority schools receiving grant-in-aid from the Government. Before we enter upon the aspects relating to law on the above issues, reference to the basic facts would be necessary. Facts:;