SC: Delhi Education Rules - NDMC Not Liable To Absorb Staff Off School Which Was Illegally Closed By Pvt Management

The Supreme Court in the case New Delhi Municipal Council And Another Versus Manju Tomar And Others observed and has held that New Delhi Municipal Corporation, NDMC would not be liable for absorption and for payment of benefits to the excess staff of the school run by the Delhi Sikh Gurudwara Management Committee, DSGMC on account of the closure of the school done by the DSGMC without the prior approval of the NDMC.

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The court stated that as per Rule 46 of the Delhi Education Rules, Rules, it being incumbent upon the Delhi Sikh Gurudwara Management Committee, DSGMC to get approval from the NDMC before closing the school when the NDMC contributes 95% of the fund amount which is used for the management of the school.

The bench comprising of Justice Hima Kohli and Justice Sandeep Mehta was hearing the present matter.

The bench sated that the Delhi Sikh Gurudwara Management Committee, DSGMC failure to take necessary approval under Rule 46 does not shift the responsibility upon the NDMC under Rule 47 to absorb and provide the salary and other benefits of the teaching and nonteaching staff of the school run by the DSGMC.

It being the case where on account of the dilapidated condition of the school building and find it difficult to run the school due to a large number of devotees, the Delhi Sikh Gurudwara Management Committee DSGMC planned to shift the school outside the Campus of Bangla Sahib Gurudwara, Delhi.

However, the school was deemed to be closed since it was being shifted to a place outside the jurisdiction of the NDMC.