LPA 498/2010 page 1 of 3 40 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 498/2010 & CM 13078/2010 U-Like Minority Welfare Education Society ..... Appellant Through: Mr. U.S. Chaudhary, Advocate versus Municipal Corporation of Delhi & Anr. ..... Respondents Through: Ms. Saroj Bidawat, Advocate % Date of Decision: 27th July, 2010 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE MANMOHAN 1. Whether the Reporters of local papers may be allowed to see the judgment?No 2. To be referred to the Reporter or not?No 3. Whether the judgment should be reported in the Digest? No J U D G M E N T MANMOHAN, J. The present Letters Patent Appeal has been filed challenging the order of the learned Single Judge dated 4th May, 2010 whereby the appellant’s writ petition being WP(C) No. 3267/1994 has been disposed of with a direction that if the appellant applies afresh for recognition within a period of two weeks under Delhi School Education Act, 1973 (in short ‘DSEA’), then the respondent would process the application and convey its decision to the appellant within a period of ten weeks. LPA 498/2010 page 2 of 3 2. The relevant facts of the present case are that the appellant has been running a primary school. On 18th December, 1990, Assistant Education Officer (Grants) (in short ‘AEO’) granted recognition without aid to the appellant’s school only for the year 1990-91 subject to fulfillment of certain conditions. However, subsequently on 11th February, 1994, AEO rejected the appellant’s application for grant of recognition under DSEA. It is the said order dated 11th February, 1994 which was impugned by the appellant in the aforesaid writ petition preferred by it. 3. Mr. U.S. Chaudhary, learned counsel for the appellant- petitioner submitted that there was no provision under DSEA to grant recognition to a school for a limited period. In support of his submission, he relied upon a judgment of this Court in Digambar Jain Society for Child Welfare (Regd.) and others v. The Delhi Administration and others AIR 1980 NOC 48 (Delhi). 4. We are in agreement with the learned Single Judge that though by virtue of Digambar Jain Society for Child Welfare (Regd.) (supra), recognition cannot be granted for a limited period in terms of DSEA but that does not mean that the order dated 18th December, 1990 would amount to an order granting recognition in perpetuity. In any event, as the learned Single Judge has granted an opportunity to the appellant-petitioner to LPA 498/2010 page 3 of 3 apply for recognition afresh under DSEA to MCD, we are of the opinion that the impugned order calls for no interference. 5. Accordingly, the present appeal and the application are dismissed in limine without any order as to costs. However, the time period within which the appellant-petitioner could apply for recognition afresh is extended for a period of two weeks from today. Rest of the time schedule stipulated in the impugned order, will remain unaltered. MANMOHAN, J CHIEF JUSTICE JULY 27, 2010 NG