No coercive action against schools over qualification of managers: HC

The Delhi high order was passed while hearing a plea by Action Committee Unaided Recognised Private Schools

The Delhi high court has directed that no coercive action should be taken against private unaided schools if the qualification of their managers is not according to the city government’s circular of November 2004 and 2022, while saying that lakhs of students would be affected.

The Action Committee Unaided Recognised Private Schools had challenged in the Delhi high court two circulars of by the Directorate of Education. (HT Photo)

“No coercive steps shall be taken against the private unaided schools if the qualifications of the Managers are not in accordance with the circular dated 24th November, 2004 read with circular dated 17th November, 2022 till the next date of hearing, as the same may impact lakhs of students studying in these schools,” Justice Prathiba M Singh said in an interim order of Monday.

The order was passed while hearing a plea by Action Committee Unaided Recognised Private Schools, an association of 671 private unaided schools in Delhi, challenging two circulars of November 24, 2004 and November 17, 2022 by which the qualifications for managers of schools are being made compulsory by the Directorate of Education (DoE), Delhi government.

The petition has argued that since none of the funds for the running the private unaided schools is received from the government, the management autonomy is to be recognised and cannot be interfered with in this manner.

While granting relief to the petitioner-association, the court said that the managers of such schools who are already functioning or who are appointed by schools whose schemes of management were approved prior to 2004, shall not be disturbed.

The judge, however, said that in the case of managers who may be newly appointed are concerned, the private unaided schools shall consider the qualifications which have been prescribed as they may be in the overall interest of the institutions.

“It is further clarified that in so far as the qualifications for such a Manager to be from a recognised institution is being concerned, the said recognition could be from any State and need not be a recognised institution only in Delhi as the same would also encourage experienced persons from other States to be employed by schools in Delhi.

In its petition filed through advocate Kamal Gupta, the association had said that through the November 24, 2004 circular, the guidelines for qualifications for the general body of the Society and the Manager was prescribed in the context of applications to be filed after the said date seeking approval of schemes of management.

The counsel contended that this particular circular has never been enforced against private unaided schools especially if their respective schemes of management had already been approved by the DoE prior to the said date.

He further submitted that recently, vide circular dated November, 17 2022, the circular of November 24, 2004 is being sought to be enforced against all private unaided schools as also minority schools in Delhi and thus, the petitioner is aggrieved by this action of the DoE.

The counsel for the Delhi government contended that several private unaided schools have been issued notices after 2004 to comply with the qualifications prescribed for the position of Manager and there has been no challenge to the said notices.

Advocate Gautam Narayan for the Delhi government said that irrespective of whether the manager is to be considered as an employee of the school or not, the qualifications for the manager can be prescribed under the Delhi School Education (DSE) Act and Rules.

He further submitted that the DoE’s prescription of the qualification of a Manager would not constitute intrusion into the administrative autonomy of the private unaided schools in view of the powers vested in the DoE.

The court, after hearing the submissions, said that the petition raises important legal issues involving the power of the DoE under the DSE Act and Rules to prescribe qualifications for a Manager in respect of private unaided educational institutions and schools.

It issued notice to the Delhi government and sought their response on the plea within four weeks, while posting the matter for further hearing on May 18.