The closure of a school overseen by the Delhi Sikh Gurdwara Administration Committee (DSGMC) was the subject of a later critical judgment by the Incomparable Court of India. The center of the case was on the obligations of both the Modern Delhi Civil Committee (NDMC) and the DSGMC in rehiring and compensating the representatives affected by the shutdown of Khalsa Boys Essential School, which was initially found at Gurudwara Bangla Sahib in Modern Delhi.
Background
DSGMC established the Khalsa Boys Primary School, with 95% of the funding provided by NDMC and the remaining 5% covered by DSGMC. As time passed, the school building deteriorated, leading DSGMC to relocate the school to Mata Sundari College in New Delhi. As a result, NDMC revoked its acknowledgment and funding for the school on February 14, 2006. This resulted in a legal dispute concerning who would be responsible for covering the costs of the employees' salaries and benefits following the shutdown of the school.
The school's staff, including the Headmistress, teachers, and non-teaching staff, went to the Delhi High Court. The court ordered NDMC to pay their pending payments and permitted NDMC to collect the funds from DSGMC. Nonetheless, DSGMC's decision to give the staff their jobs back did not follow the court's instructions, resulting in a contempt case being filed against DSGMC.
Verdict made by the highest court
The Court observed that DSGMC shut down the school without getting approval from the Director (Education), NDMC, as mandated by Rule 46 of the Delhi Education Rules. The Court made the following observation:
"The closure of the school in question was undertaken de hors Rule 46, the argument advanced on behalf of the appellant-DSGMC that the onus to absorb the surplus teaching and non-teaching staff would be that of the NDMC, has no legal sanction and cannot be sustained."
The Court further directed NDMC to pay all remaining dues, including interest, to the school staff within eight weeks. It also allowed NDMC to seek reimbursement from DSGMC and to take appropriate legal recourse if DSGMC failed to reimburse the amounts. The Court clarified:
"It is clarified and reiterated that the appellant-NDMC shall be entitled to take recourse of the appropriate remedy for reimbursement of the amounts paid to respondents-staff of the school from the DSGMC, in case the DSGMC voluntarily fails to reimburse the said amount."
Conclusion
This judgment fortifies the guideline that instructive educate cannot be closed subjectively without taking after due handle, counting getting the essential approvals.It too highlights the responsibility of overseeing bodies like DSGMC in guaranteeing that the rights and benefits of school staff are ensured indeed after the closure of an institution. The Incomparable Court's administering serves as a update of the significance of following to lawful methods and maintaining the welfare of workers within the instruction segment.
TAGS: Supreme Court NDMC DSGMC school closure Delhi Education Rules reemployment staff dues Khalsa Boys Primary School Gurudwara Bangla Sahib Rule 46 Rule 47 High Court contempt petition reimbursement interest payment legal accountability.
