Qualification For Managers: Delhi High Court Protects Private Unaided Schools From Coercive Action By Directorate Of Education

The Delhi High Court has ordered that no coercive steps be taken against private unaided schools if the qualifications of their Managers are not in accordance with the circulars issued by Delhi Government’s Directorate of Education (DoE) on November 24, 2004 and November 17, 2022.

Justice Prathiba M Singh in the interim order said that any action may impact lakhs of students in the schools, while listing the matter for hearing on May 18.

The court said in so far as schools, whose schemes of management were approved prior to 2004, are concerned and no further approval is being sought by them in respect of the schemes of management, the Managers who are already functioning or who are appointed by these schools shall not be disturbed. 

It further said that in case of Managers who may be newly appointed, the private unaided schools which are members of the petitioner shall consider the qualifications which have been prescribed as they may be in the overall interest of the institutions.

"It is further clarified that in so far as the qualifications for such a Manager to be from a recognised institution is being concerned, the said recognition could be from any State and need not be a recognised institution only in Delhi as the same would also encourage experienced persons from other States to be employed by schools in Delhi," added the bench.

The court passed the interim directions on a plea moved by Action Committee Unaided Recognised Private Schools which has 671 private unaided schools in the national capital as its members. The petitioner has challenged the two circulars by which the qualifications of Managers are being made compulsory by the DoE.

The petitioner’s counsel submitted that the circular dated November 24, 2004 was never enforced against private unaided schools especially if their respective schemes of the management had already been approved by the DoE prior to the said date.

It was also contended that vide the recent circular of November 17, 2022, the earlier circular is being sought to be enforced against all private unaided schools and also minority schools in the national capital.

Placing reliance on Section 3 of Delhi School Education Act, 1973 and Rules made therein, the counsel submitted a Manager is not an employee of the school and that only qualifications of teachers can be prescribed by the DoE under the said enactments.

On the other hand, Delhi Government submitted that various private unaided schools were issued notices after 2004 in order to comply with the qualifications prescribed for Manager post, adding that there was no challenge to the said notices.

It was submitted that irrespective of whether the Manager is to be considered as an employee of the school or not, the qualifications for the said post can be prescribed under DSE Act and Rules.

While issuing notice on the plea, the court framed the following legal questions:

- The power of the DoE under the Delhi School Education Act and Rules to prescribe qualifications for a Manager in respect of private unaided educational institutions and schools.

- Whether the said qualifications, if prescribed, can only be recommendatory in nature or can they be made mandatory in nature.

- Whether the autonomy of the educational institutions which are private and unaided in the context of the judgment in TMA Pai Foundation case would also be required to be considered.

Advocates Kamal Gupta, Sparsh Aggarwal and Paridhi Bist appeared for petitioner. ASC Gautam Narayan and Advocate Unmukt Gera appeared for Delhi Government.

Title: ACTION COMMITTEE UNAIDED RECOGNIZED PRIVATE SCHOOLS v. DIRECTORATE OF EDUCATION

Citation: 2023 LiveLaw (Del) 23

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