M.M.KUMAR,J. - (1.) IN this group of five petitions (details of which have been given in the footnote*) filed under Article 226 of the Constitution common question of law and fact has been raised, namely :- "Whether running a primary/nursery class in a school building would amount to misuse of plot allotted to the petitioner for running a 'school' or educational institution without any prohibition ?" The facts are being referred from CWP No. 10749 of 2007.
(2.) THE petitioners have approached this Court with a prayer for quashing order dated 05.07.2007 (Annexure P-I) passed by the Estate Officer, Haryana Urban Development Authority, Faridabad-respondent No. 3. The Estate Officer has concluded that petitioner No. 2 has been running the primary/nursery classes which was alleged to be misused of the allotted site. Accordingly, a direction was issued to stop the misuse within a period of 15 days failing which the site in question was to be resumed. A further prayer has been made for issuing direction to the respondents to permit the petitioners to run the school in terms of the allotment letter and the lease deed (Annexures P-2 and P-3). Brief facts of the case which have led to the filing of the instant petition are that petitioner No. 1 Apeejay Education Society is a Society registered under the Societies Registration Act, 1860 (Act No. XXI of 1860) and it has been running Apeejay School, Faridabad, who is petitioner No. 2 in the instant petition. The aim of the Society is to provide social service and upliftment amongst others. The primary object for setting up of the Society is to provide education to the general public irrespective of their sex, caste, creed and to start, establish, manage, maintain and/or have managed and/or maintain educational institutions through out the territory of India.
(3.) IN pursuance of the afore-mentioned objective, the society applied to the Administrator, Urban Estate, Haryana, for allotment of land for establishing a school, way back in 1973. It is appropriate to mention that the Urban Estate, Haryana after enactment of the Haryana Urban Development Authority Act, 1977 (for brevity 'the Act') is known as the Haryana Urban Development Authority (for brevity, 'HUDA'). On the basis of the application, the society was informed on 03.12.1973 that the Government of Haryana has decided to allot approximately 8.68 acres land in Sector 15, Faridabad, for construction of a school building on 99 years lease (Annexure P-2). The lease deed was executed on 08.04.1974 by the Governor of Haryana and registered on 26.03.1977 in favour of the society for the purpose of running 'a school'. The petitioners have claimed that the lease deed categorically records that the Lessee-society would be entitled to hold the plot from 03.12.1973 for a period of 99 years. Clause 2 of the lease deed provides that the Lessee-society would be entitled to raise construction on the plot for the purpose of running 'a school' after getting the building plans approved from the Administrator, Urban Estate, Faridabad, as required by law. The lease deed dated 08.04.1974 as registered on 26.03.1977, has been placed on record (Annexure P-3). The petitioner raised the construction of the building after seeking permission and approval from the competent authorities. The school-petitioner No.2 has been running classes for nursery/pre-primary to class 12th i.e. Senior Secondary level since 1975. The school is affiliated with Central Board of Secondary Education (C.B.S.E). The petitioners have claimed that there was no statutory classification with regard to nursery/primary/ middle/secondary and senior secondary level of classes in the respondent-State of Haryana when the land was allotted to the petitioners-society and for running 'a school' lease deed was executed. The classification for the first time was made by the Haryana School Education Rules, 2003 (for brevity,'the Rules'), which were enforced on 30.04.2003. The afore mentioned classification in respect of schools is contained in Chapter II Rule 4 of the Rules.;