Colony Residents' Convenience Can't Outweigh General Public Interest: Delhi HC In Plea For School Children To Be Dropped By Parents Outside Colony

Notably, the review petition had been filed seeking modification of an earlier order passed by the court, so that parents who brought their child to school in private cars drop them outside the colony, and the petitioner-school provides security guards/personnel for regulation of traffic jam in the colony.

The grievance underlying the petition was that due to the school, there used to be heavy crowding in the colony area, where approximately 475 families resided. Parents would block the road by parking their cars there.

After hearing the submissions, Justice Subramonium Prasad observed,

“A child studying in a primary class cannot be expected to walk in rain and blistering heat from the School to the gate of the colony. At the time when the School opens and when the school time is over, there is bound to be rush for which the remedy before the Review Petitioner is to approach the authorities to depute persons to manage the traffic”.

Dismissing the review petition, the court said that the school was functioning with valid permission and the place of functioning had been earmarked for it only. It added that the petitioner was attempting to re-argue the case.

“Ingress and egress to the School cannot be stopped as it will cause problems to the school as well as the general public.”

Reiterating that the scope of review was limited, it was opined that no error was apparent on the face of the record which could incline the court to entertain the plea.

Before parting with the order, liberty was given to the review petitioner (respondent No.4) to approach the authorities for finding a solution to manage the traffic outside the school. Further, the review petitioner was directed to coordinate with the local residents to solve the issue, noting that it only arose for a small duration.

Further, it was observed that cars which dropped/picked children to/from the school could not be permitted to remain in the colony for the entire duration of school hours.

Initially, the petitioner-school had approached the court seeking a writ of mandamus directing the authorities to ensure free ingress/egress of children studying at the school, their parents, the teachers and other staff members of the school, as well as the general public, which was reportedly being restricted by closure of gates on public road in Paschim Vihar area.

The writ petition was disposed of noting that only service lanes were closed, with liberty to the petitioner to approach again if any hinderance was caused in future in the ingress/egress.

ASC Udit Malik with Advocate Vishal Chanda appeared for GNCTD

Advocates Anil Sethi, Swaran Kamal and Samarth Rai Sethi appeared for review petitioner/respondent No.4

Case Title: Eden Castle School and Anr. v. Govt. Of Nct of Delhi and Ors., W.P.(C) 17773/2022

Citation: 2023 LiveLaw (Del) 1353