- (1.) In exercise of power conferred by Ss. (1 of Section 20 of the Delhi School Education Act, 1973 (hereinafter called the 'act') , the Administrator passed an order dated 23/5/1981 for taking over the Management of the School in question for a period of three years with immediate effect and directed the Manager/managing Committee of the School to deliver possession of the school property, equipment, funds, etc. , to Shri R. S. S. Sisodia, Authorised Officer, forthwith. The petitioner thereupon filed the present petition under Article 32 of the Constitution challenging the order of 23/5/1981 as offending Article 30 of the Constitution on the plea that the institution/school is a minority institution. Section 21 of the Act in terms provides that nothing in Section 20 shall apply to any minority school. We are not required to go into the question whether the school in question was a minority school at the relevant point of time protected by Section 21 of the Act and Article 30 of the Constitution. We express no opinion in that behalf.
(2.) Section 20 of the Act prescribes an initial period of not exceeding three years for taking over the Management of a School on the Administrator being satisfied that the Managing Committee or Manager of any school, whether recognised or not, has neglected to perform any of the duties imposed on it by or under this Act or any rule made thereunder. The proviso to Ss. (1 of Section 20 is relevant for our purpose and reads as under : "Provided that where the management of a school has been taken over for a period of three years or less, the Administrator may, if he is of opinion that in order to secure proper management of the school it is expedient that 723 such management should continue to be in force after the expiry of the said limited period, he may, from time to time, issue directions for the continuance of such management for such period not exceeding one year at a time as he may think fit, so, however, that the total period for which such management is taken over shall not, in any case, exceed five years. " (emphasis supplied) An application was filed by D. A. V. College Management Committee, being Civil Miscellaneous Petition No. 19272 of 1987, seeking two reliefs, namely, (a) direct that the Management of the school be handed over to the applicants, and (b) clarify and/or modify the order dated 28/4/1982 and permit the Education Officer to restore the Management of the school to the applicants. This application came up for hearing on 6/10/1987 when it was ordered that it may be considered at the time of hearing of the petition. The order of 28/4/1982 in regard to which clarification was sought was to the effect that the ad interim stay granted on 17/12/1981 shall stand vacated and Shri R. S. S. Sisodia, Education Officer, shall take over the Management of the school as an Authorised Officer by way of interim measure subject to orders of the court. The clarification seems to have become necessary for the reason that by this order the Management continued with the Administrator even after the maximum period prescribed under the proviso to Section 20 of the Act had expired. The learned counsel for the respondents also agrees that since the maximum period has expired this petition has become infructuous as the authorities have to hand back the management of the school to the appropriate Management.
(3.) In view of the above, without going into the question whether the school was a minority institution or not, since the maximum period prescribed under the proviso to Section 20 has expired, the authorities, that is the respondents, are under an obligation to return the management of the school to the appropriate Management along with the school property, equipment, funds, etc. , which were taken over under the impugned order of 23/5/1981 as under the Act it is not permissible to continue to remain in management beyond the maximum period of five years. That being so the writ petition has in fact become infructuous and, therefore, it must be so disposed of with a direction to the respondents to ensure return of the management of the school to the appropriate Management if not returned thus far within a reasonable time not exceeding three months. The writ petition will stand, disposed of with no order as to costs. The CMPs also will stand disposed of and the order thereon will stand vacated.;