M.KATJU, J. - (1.) HEARD learned Counsel for the parties.
(2.) THE petitioner has prayed for a writ of mandamus/certiorari to quash clause (9) of the lease deed dated 29 -10 -1996 (Annexure 6 to the petition) and for a mandamus restraining the respondents from interfering with the management of Sophia Girls School, Meerut Cantt., Meerut including the direction towards admission of the wards of the Defence Personnel. It is alleged in paragraph 3 of the writ petition that the Catholic Diocese of Meerut approached the Central Government for taking on lease plot o. 267 situate at Meerut Cantt. Accordingly on 5 -8 -1964 a lease deed was executed between the President of India and the Catholic Diocese of Meerut for granting lease hold rights over the said plot for 30 years from 31 -1 -1963. True copy of the lease deed is Annexure 1 to the writ petition. In paragraph 6 of the writ petition it is alleged that the Diocese of Meerut permitted the Fatima Society, petitioner No. 1 to establish its institution over the plot in dispute. Accordingly the petitioner established the school known as Sophia Girls School and it is alleged in paragraph 7 of the writ petition that this institution has become a premier educational institution at Meerut. The institution is recognized and affiliated to ICSE and ISC Board, New Delhi. The school is run by a Society which is run by Christians known as the Mission Society of Ajmer and it is alleged that it has been established by the minority community.
(3.) IT is alleged in paragraph 10 of the writ petition that on expiry of term of the lease in 1993 the Diocese of Meerut again approached the respondents for grant of a fresh lease. However, it is alleged in paragraph 11 of the writ petition that the respondents started putting unreasonable terms and conditions for grant of a fresh lease. They insisted that 70% of admissions in the institution would be reserved for the children of Defence Service Personnel including civilians in Defence Services. The Additional Director General, Defence Estates wrote letter dated 4 -6 -1996 Annexure 2 to the writ petition expressing willingness to grant fresh lease for educational purposes provided the school authorities reserve 70% of the vacancies for the children of Defence Service Personnel including civilians in Defence Services. The Director of General, Defence Estates communicated this letter to the petitioner through letter dated 18 -6 -1996 Annexure 3 to the writ petition. The Defence Estates Officer, Meerut directed the petitioner to submit an undertaking for reservation of 70% vacancies in the institution for the children of Defence Service Personnel including civilians in Defence Services vide Annexure 4 to the writ petition. In paragraph 15 of the writ petition it is alleged that the institution had no option as it had invested lacs of rupees in bringing up the institution and employed staff. Hence, they gave undertaking to the respondents through letter dated 12 -7 -1996 Annexure 5 to the writ petition. Ultimately a formal lease deed was executed between the Catholic Diocese of Meerut and the Central Government on 29 -10 -1996 vide Annexure 6 to the writ petition. The said lease was for 90 years and renewal after 30 years. The premium too was considerably hiked.;