The Delhi high court on Monday restrained a trust running 27 schools across the country from using the name and logo of Delhi Public School.
Justice Kailash Gambhir said he would punish the secretary of the Delhi Public School Trust for contempt of court if it did not stop using the DPS name and logo with immediate effect. The secretary is to reply by October 1.
The court was all the more angry as the trust had not complied with its order issued in 2008 mandating it not to use the DPS name and logo.
The high court order came on a complaint by the Delhi Public School society. Secretary of the trust RS Parasar had even apologised to the court in 2008 and assured it that the DPS name and logo will not be misused.
"The court is of the prima facie view that the secretary of the trust has willfully disobeyed the orders of the court. It is quite evident he has scant regard and respect for the court's order… (This is) despite having tendered an apology by way of affidavit," Justice Gambhir said.
DPS lawyer Puneet Mittal told the court: "As per the information on the website, the trust has opened at least 27 schools under the Delhi Public School/DPS name and is cheating the public at large for which we have also got FIRs registered. This is a mass fraud."
"Before awarding any punishment to the secretary, the court grants him two weeks time to immediately stop using the name or logo of DPS or the DPS society," Justice Gambhir said.
"If the trust fails to carry out these directions, necessary orders shall be passed on the next date of hearing," he added.
The trust, however, contended that since it was not using the exact DPS name no contempt case was made out against it. "We are not using the mark DPS but DPST (Delhi Public School Trust) and so no contempt was made out."
But the court told the trust: "Merely adding a suffix cannot justify. It is evident that you have no faith in the majesty of law."