IN THE HIGH COURT OF DELHI AT NEW DELHI

EXTRAORDINARY CIVIL WRIT JURISDICTION

WP(C) No. 15256/2023
IN THE MATTER OF:
K. RAJAN ...Petitioner
Versus

THE DIRECTOR, DIRECTORATE OF

EDUATION & ORS. ...Respondents

INDEX

Sr. Particulars Pg No
No.
1. Short Affidavit on behalf of Respondents No. 1
2. ANNEXURE R-1
Copy of the decision dated 07.05.2007 passed by
Hon’ble Central Information Commission
3. ANNEXURE R-2
Copy of the Order dated 08.04.2008
4. ANNEXURE R-3
Copy of the order dated 04.11.2022
5. ANNEXURE-R-4
Copy of the order dated 15.05.2023

Through

Santosh Kumar Tripathi

Standing Counsel (Civil), GNCTD
Advocate for Respondent No.1
423, Lawyers Chamber Block-I,
Delhi High Court, New Delhi
M. No. 8285021263
Place: New Delhi
Date:
 IN THE HIGH COURT OF DELHI AT NEW DELHI
EXTRAORDINARY CIVIL WRIT JURISDICTION
WP(C) No. 15256/2023
IN THE MATTER OF:
K. RAJAN ...Petitioner
Versus

THE DIRECTOR, DIRECTORATE OF

EDUATION & ORS. ...Respondents

SHORT AFFIDAVIT ON BEHALF OF RESPONDENT NO.

1, GOVT.OF NCT OF DELHI /DIRECTORATE OF
EDUCATION
MOST RESPECTFULLY SHOWETH:

I, Jai Parkash, S/o Sh. Rattan Singh, aged about 57 years,

working as Deputy Director of Education (Aided School Branch,
Directorate of Education), Govt. of NCT of Delhi, do hereby
solemnly declare as under:

1. That I am authorized to represent the Answering

Respondent No.1, in the above captioned matter and as
such and I am conversant with the facts of the case and
authorized to depose about the same on behalf of
Respondent No. 1.

2. I say that I have gone through the contents of the present

writ petition and I say that unless expressly admitted herein,
all the averments and allegation made in the instant Writ
Petition (“Petition”), which are contrary to or inconsistent
with the correct facts and submissions made herein, are
specifically and vehemently denied in toto.
3. That it is most respectfully submitted that none of the
contents of the writ petition may be treated as having been
admitted merely on the ground of non-traverse, save and
except any contention which may be admitted hereinafter.

4. That the Answering Respondent is filing this short

affidavit, while retorting to the contents of the present
petition in general and the Answering Respondent craves
the leave and permission of this Hon’ble Court to file
detailed seriatim reply if so directed by this Hon’ble Court
at any subsequent stage.

5. It is submitted that Respondent No. 2 to 8 are Seven (07)

Aided Private Schools recognised and receiving 95%
Grant-in-Aid by the Answering Respondent under the
provisions of DSEAR, 1973, and they are bound to comply
with the statutory provisions of DSEAR, 1973 and the
directions issued by the Answering Respondent/DoE from
time to time.

6. That the petitioner in the instant writ petition has prayed for
the following reliefs:-

“a) Issue a Writ of mandamus or any other appropriate

writ/order(s) or direction(s)directing the Respondent
No. 1 constitute a committee headed by a retired judge
of this Hon’ble High Court to investigate the financial
irregularitiesand malpractices committed by the
managing committee of the Delhi Tamil Education,
and / or
b) Issue appropriate writ, order(s) or direction(s)
restricting the Respondent No. 2 to 8 from amending the
bye-laws/Memorandum of Article, Article of Association
 of the Delhi Tamil Education Association during
pendency of the present writ petition.
c) Pass such other and further orders as may be
deemednecessary and appropriate in the
circumstances.”

7. That it is submitted that the petitioner has alleged in the

instant writ petition that there are financial irregularities
and malpractices which are being committed by the
Managing Committee of the Delhi Tamil Education
Association.

8. That the petitioner has annexed copies of two Show Cause

Notices dated 22.09.2022 and 10.10.2022 which have been
issues by the Chairman of DTEA and are addressed to Sh.
R. Murugan regarding the irregularities in the Science Club
Account, Science Club Association/PTA Account and
Transport Account which were committed by the said
official from 2014-15 to 2020-2021 in respect of DTEA
School, Lodhi Road.

9. That the above said two Show Cause Notices dated

22.09.2022 and 10.10.2022 were not endorsed to the
Answering Respondent. Hence, the Answering Respondent
cannot comment on the same. It is further submitted that
the status of the proceedings on the 02 Show Cause Notices
may be brought before this Hon’ble High Court by the
respondent No. 2 to 8.

10.That it is further submitted that the petitioner has alleged

that the present Secretary namely, Mr. Raju was elected to
 the post of Secretary in the year 2011 and has been
misusing the office of Secretary of the DTEA. It is
pertinent to mention here that the Society running the
school is registered with Registrar of Societies, Govt. of
NCT of Delhi under the Societies Registration Act, 1860.
Hence, the petitioner may approach the Registrar of
Societies, GNCTD as the Registrar is the Competent
Authority to look into the affairs of the society registered
under the Societies Registration Act, 1860.

11.That conducting or holding of the election of a Society

running the School(s) does not come under the purview of
the Answering Respondent as per the DSEAR, 1973 and
therefore the Answering Respondent cannot interfere or get
the elections conducted of the society or association
running the school.

12.That it is pertinent to mention here that vide decision of

Hon’ble Central Information Commission dated 07.05.2007
passed in “Mohd. Yusuf Abbasee V. Government of NCT of
Delhi” in Appeal No. CIC/WB/A/2006/00699 & 700,
wherein it referred to a previous decision made /
pronounced by the Hon’ble Central Information
Commission in “Smt. Parul Bharti & Sh. Rajeev Bharti vs.
Directorate of Education, NCT of Delhi” in Appeal Nos.
CIC/WB/A/2006/00686 to 00691 had observed as follows:

“We find that in each of the cases Deputy Director

Smt. Tirkey, PIO has provided a detailed response
seeking to answer each of the questions raised by
 appellants. However, since the questions pertained
to a Government aided school, it is not understood
why the Department needs to be the Public
Authority for all such schools. If such schools fall
within the definition of public authority as defined
in sec. 2(h)(d), being controlled or substantially
financed directly or indirectly by government, it is
for those schools to fulfil their duties as public
authorities, appoint PIOs and put in the public
domain all the information mandated u/s 4(1)”
Further, the Central Information Commission, vide
decision dated 07.05.2007, also directed as under:
“The Department of Education GNCT Delhi in
exercise its authority on the designation of PIOs in
various public authorities, is directed to adopt this
process.”
Copy of the decision dated 07.05.2007 passed by Hon’ble
Central Information Commission is annexed herewith as
Annexure R-1.

13.That in compliance of the above-mentioned decision, the

Answering Respondent / DoE issued an Order bearing No.
DE/RTI/Misc./2008/4449-79 dated 08.04.2008 vide which
it was directed as under:
“Since all aided schools are covered under section
2(h)(d) of the RTI Act 2005 being separate public
authorities, all information in respect to aided
schools shall be provided by the Public
Information Officers of the concerned schools and
First Appeal shall be disposed off by the First
Appellate Authority for the concerned school.
 In supersession of all previous orders, the
Management Committies of all the Govt. Aided
Schools under Directorate of Education are,
hereby, directed to appoint their Asstt. Public
Information Officers, Public Information Officers
and First Appellate Authorities in respect of all the
schools under their control under sections 5(1) &
5(2) of the RTI Act, 2005 and to forward a copy of
the order to the Deputy Director of Education of
the concerned District and Asstt. Director of
Education (ACT), Dte. Of Education with a copy to
Public Information Officer (HQ) within 15 days of
the issue of this order positively.”
Copy of the Order dated 08.04.2008 is annexed herewith as
Annexure R-2.

14.That in view of the above-mentioned decision of the

Hon’ble Central Information Commission dated
07.05.2007 and Order dated 08.04.2008 issued by the
Answering Respondent, the RTI Application was
transferred by the Answering Respondent vide letter dated
11.10.2022 (Copy of letter already on record as Annexure
P-8), under Section 6 (3) of the RTI Act, 2005, to
PIO/APIO of the three Government Aided Schools falling
under Zone-19 of the Answering Respondent, the details
of the schools are as under:
i) DTEA Senior Secondary School, Laxmi Bai
Nagar, New Delhi,
ii) DTEA Senior Secondary School, Moti Bagh,
New Delhi and
iii) DTEA, Sec-4, R.K. Puram, New Delhi.
15.That whenever the Answering Respondent wants to inquire
about any of the malpractices or irregularities that it
receives by way of complaints in the DTEA Schools, the
DTEA (Society running the 07 schools) states that it is a
minority institution and DTEA have the absolute
fundamental right under Article 30(1) to establish and
administer their educational institution and the Answering
Respondent cannot infringe this right of the DTEA which is
the Society running the Respondent No. 02 to 08.

16.That it is submitted that when the Answering Respondent

received some complaints in respect of the malpractices and
anomalies in the recruitment process of staff and other
complaints from the parents of the student’s studying in the
Respondent Schools and some of the staff who are working
in the Respondent School, the Answering Respondent vide
Order bearing No. F.DE.15/ASB/2022/1667-72 dated
04.11.2022 set up a Committee under the Chairmanship of
the Deponent herein to collect all the dossiers of the
recruitment done since 2017. Copy of the order dated
04.11.2022 is annexed as ANNEXURE-R-3. However,
being aggrieved from the above said order dated
04.11.2022, the Society running the 07 Schools i.e. DTEA
has filed a Writ petition bearing W.P. (C) No. 6292/2023,
praying therein to quash the order dated 04.11.2022 and
Notice dated 20.03.2023 and the said writ petition was
listed on 15.05.2023 and vide order dated 15.05.2023, the
enquiry initiated against DTEA has now been stayed by the
Hon’ble High Court and now the same is fixed for hearing
on 03.08.2023.

REPLY TO THE PRAYER:

It is most respectfully prayed before this Hon’ble Court in
view of the submissions made hereinabove by the
Answering Respondent, this Hon’ble Court may be
pleased to decide the instant writ petition of the Petitioner
on merits and may pass any order or orders as this Hon’ble
Court may deem fit, including setting up of a Committee
as prayed by the petitioner in the instant petition.

DEPONENT

VERIFICATION
Verified at New Delhi on day of May, 2023 that the
contents of the above affidavit are true and correct to the
best of my knowledge and belief and nothing material has
been concealed therefrom.

DEPONENT