28 August 2024 Civil Appeals >> Civil & Consumer Law   |   Education >> Miscellaneous  

The Delhi Sikh Gurdwara Management Committee (DSGMC) and the New Delhi Municipal Council (NDMC) have been engaged in a protracted legal dispute concerning the closure of Khalsa Boys Primary School, which was operated by DSGMC on the premises of Gurudwara Bangla Sahib in New Delhi. The saga began with the school's closure and has led to a series of court orders and appeals.

The Issue:

The Khalsa Boys Primary School was initially supported by a 95% grant from NDMC, with DSGMC covering the remaining 5% of the budget. The school faced significant operational challenges due to the deteriorating condition of its building and increasing foot traffic to the Gurudwara. DSGMC decided to relocate the school to Mata Sundari College in Old Delhi. This decision triggered legal action from the school's staff, who sought to prevent the relocation.

Legal Proceedings:

In May 2005, the Delhi High Court issued an ex-parte stay order against the relocation. Despite this order, DSGMC proceeded with demolishing the school building, rendering it non-functional. As a result, NDMC stopped the grant-in-aid, arguing that the new location was outside its jurisdiction, making DSGMC ineligible for continued funding.

The High Court of Delhi subsequently directed NDMC to reconsider whether ex-post facto sanction could be granted for the school's relocation. NDMC's decision on February 14, 2006, to withdraw the school's recognition and grant-in-aid led to further legal actions by the school's staff.

High Court Rulings:

The staff filed fresh writ petitions challenging NDMC’s decision and DSGMC’s actions. In July 2009, the Delhi High Court's Single Judge ordered NDMC to issue a reasoned decision on ex-post facto sanction and required DSGMC to continue paying salaries and benefits to the staff.

In December 2009, a Division Bench of the High Court ruled that:

1. The staff should receive arrears of salary.
2. DSGMC must re-employ the staff in a government or government-aided school within a specified period or continue paying their full salaries and perquisites.
3. NDMC should pay retirement benefits with interest and could seek reimbursement from DSGMC.

Supreme Court Review:

DSGMC and NDMC both appealed the High Court’s ruling. The Supreme Court reviewed the case and found that DSGMC's demolition of the school building without proper authorization was unlawful. As a result, the court upheld the High Court's directive that NDMC should bear the costs of salaries and benefits, but also granted NDMC the right to seek reimbursement from DSGMC.

Recent Developments:

The Supreme Court's order emphasized that the closure of the school must adhere to legal procedures, including obtaining prior approval from the relevant authorities. Since DSGMC did not follow these procedures, it was deemed responsible for the financial obligations arising from the school's closure. NDMC was instructed to pay the staff's dues, including interest, within eight weeks and was allowed to seek reimbursement from DSGMC. The matter of reimbursement remains open, and NDMC was granted permission to join the ongoing contempt proceedings to enforce its right to recover the payments made.

Conclusion:

The case underscores the importance of adhering to legal protocols in managing educational institutions and the financial implications of failing to do so. DSGMC's failure to obtain the necessary approvals and its subsequent actions led to a significant financial burden, which the Supreme Court has ruled must be addressed by both NDMC and DSGMC in accordance with the law.

  Delhi School Education Act, 1973