Tue. Jan 19th, 2021

Action Committee Unaided … vs Directorate Of Education on 4 February, 2016

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MANMOHAN, J:
CM Appl.1778/2016 in W.P.(C) 448/2016
CM Appl. 1831/2016 in W.P.(C) 452/2016

PRIMARY CHALLENGE

1. Present writ petitions have been filed challenging the order dated 06th
January, 2016 issued by the Government of NCT of Delhi (for short
‘GNCTD’) whereby the respondents have directed the private unaided
schools of Delhi to open the entire 75 per cent seats, i.e., “in 75% of the
open seats, there would not be any quota.”
ARGUMENTS ON BEHALF OF THE PETITIONERS
2. Mr. Sunil Gupta and Mr. Dushyant Dave, learned senior counsel for
the petitioners submitted that the impugned order adversely affects the
fundamental right of freedom and autonomy of the petitioners-
Committee/Forum of private unaided schools upheld by the Supreme Court
in T.M.A. Pai Foundation and Others vs. State of Karnataka and Others,

W.P.(C) 448/2016 & 452/2016 Page 2 of 33
(2002) 8 SCC 481 as also by this Court in Forum for Promotion of Quality
Education for All vs. Lt. Governor of Delhi & Others, 216 (2015) DLT 80
in two ways inasmuch as it interferes with eleven most healthy, noble and
socially and nationally relevant, fair and reasonable criteria and it deprives
the petitioners of the long-standing management quota of twenty percent
seats. The eleven criteria defended by the petitioners were item Nos. 1, 3, 5,
10, 16, 31, 32, 45, 47, 48 and 61 of the impugned order.

Source: Indian Kanoon

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