The Delhi High Court has instructed Lieutenant Governor VK Saxena to afford a private unaided school a personal hearing before determining whether to assume control of its management due to alleged administrative and financial irregularities.
Justice C Hari Shankar emphasized that since the authority to take over a school lies with the lieutenant governor as the administrator, the hearing must be provided by him rather than the Directorate of Education, which issued the show cause notice to the school.
The court highlighted that personal hearings can only be granted by the decision-making authority and not by any other entity. It referenced a Division Bench ruling stating that only the lieutenant governor, not the Directorate of Education, holds the power to take over school management.
The personal hearing will be scheduled at the lieutenant governor’s convenience, with the petitioner expected to make themselves available without requesting adjournments.
The petitioner, a private recognized senior secondary school, received a show cause notice from the Directorate of Education on September 13, 2021, citing various discrepancies in management, finance, and other areas. The school questioned why management takeover proceedings were initiated under the Delhi School Education Act.
Represented by advocate Kamal Gupta, the petitioner argued that only the lieutenant governor could grant a personal hearing for such a significant decision.
Given the serious nature of the proposed action outlined in the show cause notice, the court deemed a personal hearing imperative before any decision was made. Consequently, the court urged the lieutenant governor to provide the petitioner with a personal hearing before deciding on the matter outlined in the September 13, 2021 notice.
Source: PTI
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