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Judgment
Suresh Kait, J.—Pursuant to the order dated 21.05.2012, Ms. Sonia Sharma, learned counsel appearing on behalf of respondent Nos. 1 &
2 has produced the copy of order dated 03.07.2012 passed by Director of Education, Delhi whereby it is stated that after going through the facts
of the case and in exercise of powers conferred under Rule 46 of Delhi School Education Rules, 1973, granted approval for closure of Shishu
Bharti Vidyalya, Mangal Bazar Road, Laxmi Nagar, Delhi, subject to the conditions that the society shall adjust the already enrolled children of the
school in other recognized schools run by the same society. Further, the society shall also adjust the teachers employed in the school in other
schools of the same society and continue to pay their pay and perks drawn as on date.
Moreover, vide communication dated 26.06.2012 Manger of the respondent school written to the Deputy Education Officer, Zone-III, District
East, Delhi as under:-
Hindu Shiksha Samiti Nyas is running total 5 schools including Shishu Bharti Vidalya, Laxmi Nagar, Delhi under consideration for closure. Out
of the above five schools two are primary, one recognized and the other one un-recognized, one middle school and one Sr. Secondary school.
Students will be adjusted in other schools run by Nyas (Trust). The teachers and staff will be given preference in other schools whenever some
vacancy is available there. Alternatively, regular teachers and staff will be removed from the service by paying them three months consolidated
salary as lump sum compensation along with other benefits as per law up to date. Remaining teacher(s) and staff shall be paid their dues according
to rules.
Copy of resolution dated 09.02.2012 duly attested enclosed herewith. As far as the presence of DE nominee is concerned, nobody turned up.
Further we are aware who is DE nominee for our school.
Further, vide communication dated 27.06.2012, Principal of the school responded to the Education Officer as under:-
The strength of the students in school on an average is 76 at present. Out of which only 28 have given fees for two months, i.e. April and May
and amount is Rs. 44,780/- (Rupees Forty Four thousand Seven hundred & Eighty only).
The strength of the teaching staff including Principal is 12 and non-teaching staff is 3.
The average expenditure per month is Rs. 2,74,928/- (Rupees Two lac Seventy Four thousand Nine hundred and Twenty Eight only).
Pursuant to the communications mentioned above, the Director of Education, Delhi has taken the decision vide order dated 03.07.2012, as
mentioned above.
In the circumstances, as submitted by learned counsel for petitioner, the relief sought in instant petition does not survive and same can be
disposed of. There is no rebuttal from other side.
Accordingly, instant petition stands disposed of.
Consequently, CM No. 3528/2012 does not require further adjudication and stands disposed of. Dasti.