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DAV College Managing Committee, New Delhi, Delhi



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DAV College Managing Committee, New Delhi, Delhi
Address:Chitra Gupta Road
New Delhi (District New Delhi)
Delhi, India
Pin Code : 110055


DAV College Managing Committee, New Delhi Delhi is a group of colleges having many colleges in different streams.
DAV College Managing Committee, New Delhi Delhi is situated in New Delhi of Delhi state (Province) in India. This data has been provided by www.punjabcolleges.com. New Delhi comes under New Delhi Tehsil, New Delhi District.

Fax # of DAV College Managing Committee, New Delhi Delhi is +91-11-23540558.

Mobile No(s) of concerned persons at DAV College Managing Committee, New Delhi Delhi are 98885-17238, 94173-12354.

email ID(s) is DAV College Managing Committee New Delhi Delhi

Website of DAV College Managing Committee, New Delhi Delhi is www.davcmc.com/, www.davcmc.net.in.


Contact Details of DAV College Managing Committee, New Delhi Delhi are : +91-11-23625335, 23625838, 23515953, 23539357, 23524304, 23621284

Other colleges of DAV College Managing Committee, New Delhi
DAV Centenary College, Faridabad
DAV Institute of Management, Faridabad
DAV College, Naneola
Sohan Lal DAV College of Education, Ambala
DAV College, Pundri
Dr Ganesh Dass DAV College of Education for Women, Karnal
Kumari Vidyavati Anand DAV College for Women, Karnal
DAV College, Pehowa
DAV College of Engineering and Technology, Kanina
DAV College for Girls, Yamuna Nagar
MCM DAV College for Women, Chandigarh
Hans Raj College, Delhi
PG DAV College, New Delhi
Dayanand College, Ajmer
Kshetrabasi DAV College, Nirakarpur
TDTR DAV Institute of Physiotherapy and Rehabilitation, Yamuna Nagar
Ramanand Arya DAV College, Mumbai (Bombay)
DAV Velankar College of Commerce, Solapur
DBF Dayanand College of Arts and Science, Solapur
Dayanand Ayurvedic College, Jalandhar
DAV College of Education for Women, Amritsar
DAV Institute of Engineering and Technology DAVIET, Jalandhar
Mehr Chand Technical Institute (ITC), Jalandhar
Mahatma Hans Raj DAV Institute of Nursing, Jalandhar
DAV Institute of Physiotherapy and Rehabilitation, Jalandhar
BBK DAV College for Women, Amritsar
DAV College for Boys, Amritsar
DAV College, Jalandhar
DRV DAV Centenary College, Phillaur
Hans Raj Mahila Vidyalaya, Jalandhar
KRM DAV College, Nakodar
Mohan Lal Uppal DAV College, Phagwara
RR Bawa DAV College for Girls, Batala
SL Bawa DAV College, Batala
DAV College Sector 10, Chandigarh
DAV College, Abohar
DAV College, Malout
DAV College for Women, Ferozepur
GGS DAV Centenary College, Jalalabad
Gopi Chand Arya Mahila College, Abohar
Mehr Chand Polytechnic, Jalandhar
JC DAV College, Dasuya
DGB Dayanand Law College, Solapur
DAV School of Business Management, Bhubaneshwar
DAV College, Titilagarh
DPB DAYANAND COLLEGE OF EDUCATION, Solapur
MCM DAV College, Kangra
DAV Centenary College, Kotkhai
DAV Girls College, Kosli
BTC DAV College, Banikhet (Dalhousie)
Lajpat Rai DAV College, Jagraon
MMD DAV College, Gidderbaha
Dayanand Industrial Training Institute, Amritsar
JN Kapoor DAV Dental College, Yamuna Nagar
DAV College, Sadhaura Village
NMDC Ltd. DAV Industrial Training Centre, Dantewada
DAV Polytechnic College, Dantewada
DAV College, Cheeka Guhla
DAV Polytechnic for Women, Yamuna Nagar
Dayanand College, Hisar
Dayanand Brahma Mahavidyalaya, Hisar
DAV College (Lahore), Ambala
JN Goenka DAV Centenary Development Rural Centre, New Delhi
Arya Pradeshik Pratinidhi Sabha, New Delhi
DAV Institute of Management and Vocational Studies, New Delhi
DAV Institute of Engineering and Technology, Daltonganj
Dayanand Institute of Education, Management and Research, Mumbai (Bombay)
Dayanand Institutions, Solapur
DAV Centre for Management Development in Agriculture and Environment, Rourkela
MG DAV College, Bathinda (Bhatinda)
Vishveshvaranand Vedic Research Institute VVRI, Hoshiarpur
DAV Pharmacy College, Jalandhar
Jiyalal CEd College, Ajmer
MNDAV Dental College, Solan
DAV University, Jalandhar
DAV University for Women, Yamuna Nagar
DAV University, Pune


Courses

ECE, CSE, IT, ME, EE, CE, MBA, MCA,


DAV College Managing Committee, New Delhi Delhi runs course(s) in Engineering stream(s).

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Media coverage of DAV College Managing Committee, New Delhi Delhi, Delhi

AS Wadhawan versus DAV College Managing Committee New Delhi

STATE INFORMATION COMMISSION, PUNJAB
SCO No. 32-33-34, Sector -17-C, CHANDIGARH

Sh. A.S. Wadhawan s/o Shri, Lal Singh Wadhawan,
415/9, Mohalla Punj Piplan, Bahadurpur
Hoshiarpur

…………………………….Complainant
Vs.

Public Information Officer
O/o President,
DAV College Managing Committee,
Hoshiarpur

………………………………..Respondent

CC No. 3330 of 2010


RESERVED ON 15.03.2011
AND
PRONOUNCED IN THE OPEN COURT ON 19.04.2011

ORDER

1. Judgment in this case was reserved vide our order dated 15.03.2011.
2. On 10.09.2010, the Complainant Sh. A.S. Wadhawan made an application to the PIO , O/o President , DAV College Managing Committee, Hoshiarpur seeking information in relation to the four following institutions:-
(i) DAV College, Hoshiarpur
(ii) DAV College, B.Ed , Hoshiarpur
(iii) DAV Higher Secondary School, Hoshiarpur
(iv) DAV College Parvati Devi for Girls and School

3. The information sought in a nutshell is about the order according recognition and affiliation to these institutions by the University, details of rooms and play-grounds of each institution, details of income, receipts and rent received for shops attached with these institutions, PAN number of these institutions, Property tax paid in respect of each shop etc.

4. The case set up by the Respondent is that the DAV College Managing Committee is a private body and is not a public authority as defined under the RTI Act and , therefore, is under no obligation to supply information. It has also relied upon the orders made by the Commission in CC nos. 3579/2009, 3580/2009, 3581/2009, 947/2009, 140/2010 and 143/2010 wherein the DAV College Managing Committee, Hoshiarpur was treated as a private body.

5. In view of the foregoing, the primary question is whether the DAV College Managing Committee, Hoshiarpur is a public authority within the meaning of Section 2(h) RTI Act 2005. As per this section, even a non-government organization which is substantially financed by the appropriate government would be a public authority. There is no doubt that the DAV College Managing Committee, Hoshiarpur is a non government organization. However, it is not disputed that all the institutions in relation to which the information is sought are state aided institutions. In this view of the matter, the Respondent-Managing Committee would be a public authority in relation to the information pertaining to the state aided institutions, if the information sought is in its custody or control. The single bench orders cited by the Respondent in the various cases mentioned hereinabove i.e. CC nos. 3579/2009, 3580/2009, 3581/2009, 947/2009, 140/2010 and 143/2010 would be of no help to the Respondent for the reason that these orders are not based on an analysis of the legal provision concerned but have been made merely on the statement of the Respondent. On the other hand, there is a decision on this very point rendered by the Commission in CC: 35 of 2010 tilted “Dr. Bhupinder Singh v/s PIO, O/o President, DAV College Managing Committee, Hoshiarpur”. In this judgment, it has been categorically held that the facts brought forth in the case unmistakably show that the DAV College Managing Committee, Hoshiarpur manages the institutions receiving substantial financial aid from the State Government and that information sought by the Complainant from the Respondent is only in relation to the state aided education institutions. Para 4 of the judgment rendered in CC: 35 of 2010 reads as under:-

“4. The facts given hereinabove leave no manner of doubt that the DAV College Management committee in fact is a controlling authority set up by the DAV College Hoshiarpur society to administer the various educational institutions owned and run by it. And all these institutions are State aided. In view of this, there is no escape from the conclusion that the respondent managing committee is definitely a NGO substantially financed by funds provided by the Government. A feeble attempt on the part of the Respondent has been made to submit that the DAV college managing committee is a separate entity from the DAV College. This submission is without any basis. The managing committee is the governing body of the institution and hence is its inseparable part of the college. It is, in other words, the brain and head of the educational institution in question to wit DAV College, Hoshiarpur. I, therefore, hold that the respondent is a Public Authority under the Right to Information Act, 2005, and is, thus, under an obligation to furnish information in terms thereof”.

6. We are in respectful agreement with the reasoning given by the Ld. single bench deciding CC: 35 of 2010. We accordingly hold that the Respondent is a pubic authority within a meaning of Section 2 (h) RTI Act 2005 in relation to the state aided institutions managed by it. It is made clear that the Respondent shall not be treated public authority in relation to any institution which is not aided by the state or in relation to any other activity not connected with the management of the state aided institutions.

7. In view of the foregoing, we direct that the Respondent should supply the information demanded by the Complainant in accordance with law. For further proceedings the case to come up on 26.04.2011 at 2.30 pm in Court No. 2 on the first floor of SCO No. 32-33-34, Sector: 17-C, Chandigarh.

8. Copies of the order be sent to both the parties.

Sd/- Sd/- Sd/-
(Kulbir Singh) (P.P.S.Gill) (Surinder Singh)
S.I.C. S.I.C. S.I.C.

Dated: 19.04.2011

DABWALI FIRE TRAGEDY VICTIMS ASSOCIATIONVsUNION OF INDIA AND OTHERS



DAV COLLEGE TRUST AND MANAGING SOCIETY AND ANOTHERVsDIRECTOR OF PUBLIC INSTRUCTIONS (SCHOOLS) U T AD LPA 1105 of 2009

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Date of Decision: October 27, 2009

DAV College Trust and Managing Society and another Appellants
Versus
Director of Public Instructions (Schools), U.T. Administration, Chandigarh and others …Respondents

CORAM:
HONBLE MR. JUSTICE M.M. KUMAR
HONBLE MR. JUSTICE JASWANT SINGH

Present:
Mr. Rajdeep Singh Cheema, Advocate, for the appellants.

1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?

M.M. KUMAR, J.
The instant appeal filed under Clause X of the Letters Patent is
directed against judgment dated 15.7.2009 passed by the learned Single Judge in C.W.P. No. 7495 of 2009, dismissing the writ petition filed by the petitionerappellants.

The petitioner-appellants challenged the order dated 18.3.2009
(P-1) passed by the Central Information Commissioner directing them to provide information in respect of Hari Ram Hostel of DAV Senior Secondary School, Sector-8, Chandigarh, to Shri Satpal Kharwal-respondent No. 3 under the Right to Information Act, 2005 (for brevity, the Act). The petitionerLPA No. 1105 of 2009
appellants have withheld the information on the pretext that since Hari Ram Hostel regarding which information was sought, is not an aided institute, therefore, they are not liable to provide any information. The matter went up to Central Information Commission and the order dated 18.3.2009, passed by it was assailed by the petitioner-appellant in the writ petition. The learned Single Judge has reached the conclusion that the petitioner-appellant School is receiving financial aid from the Union Territory, Chandigarh, thus, it is covered under the definition of public authority as defined in the Act. In that regard,
learned Single Judge has placed reliance on a Division Bench judgment of this Court rendered in the case of Principal, M.D. Sanatan Dharam Girls College, Ambala City and another v. State Information Commissioner, Haryana and another (CWP No. 453 of 2008, decided on 14.1.2008). It has also come on record that the petitioner-appellants have already supplied the requisite information to the applicant-respondent No. 3.

Having heard learned counsel for the petitioner-appellants and
perusing the paper book with his able assistance, we are of the considered view that there is no legal infirmity in the judgment passed by the learned Single Judge warranting interference of this Court. The Division Bench in C.W.P. No. 453 of 2008 (supra) after referring to the provisions of Section 2(h) of the Act and judgments of Honble the Supreme Court in the cases of CIT v. Taj Mahal Hotel, (1971) 3 SCC 550 and Doypack Systems Pvt. Ltd. v. Union of India, (1988) 2 SCC 299, has observed that the definition of public authority comprises in the first category those authorities, bodies or institutions of self government which are established or constituted by or under the Constitution or by the law made by the Parliament or the State Legislature or by the notification issued or orders made by the appropriate government.

It has further been held that in the second part public authority has been defined to include any-body owned, controlled or substantially financed or non government organisation substantially financed directly or indirectly by the funds provided by the appropriate Government. In the present case, it is conceded position that the petitioner-appellants are receiving grant-in-aid from the Union Territory of Chandigarh, therefore, it is covered by the expression used in Section 2(h)(d)(ii) of the Act namely non Government organisation substantially financed directly or indirectly by the funds provided by the appropriate government.

As a sequel to the above discussion, we find no ground to interfere in the judgment passed by the learned Single Judge.

Accordingly, this appeal fails and the same is dismissed.

(M.M. KUMAR)
JUDGE

(JASWANT SINGH)
JUDGE

D A V COLLEGE TRUST AND MANAGEMENT SOCIETY and ANOTVsSTATE OF PUNJAB and OTHERS Civil Writ Petition 835 of 2009

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Decided on : 15-10-2009

D.A.V. College Trust and Management Society and another
.... Petitioners
VERSUS
State of Punjab and others .... Respondents

CORAM:-
HONBLE MR. JUSTICE SATISH KUMAR MITTAL.

Present:-
Mr. R.S. Cheema, Advocate, for the petitioners.
Mr. J.S. Puri, Addl. A.G., Punjab, for respondent Nos.1 and 2.
Mr. P.K. Goklaney, Advocate, for respondent No.3.

SATISH KUMAR MITTAL, J (Oral).
The petitioners have filed the instant petition for quashing order dated 26.11.2008 (Annexure P-1) passed by Director Public Instructions (SE) (respondent No.2 herein) by which the approval has not been accorded to the proposal with regard to imposing penalty of removal of service of respondent No.3 .

It has not been disputed by the counsel for the parties that against the impugned order, the alternative remedy of appeal is available before the Education Tribunal, which has already been constituted.

In view of this, learned counsel for the petitioners wants to withdraw this petition with liberty to file an appeal before the said Education Tribunal.

Dismissed as withdrawn with the aforesaid liberty.

However, it will be open for the petitioners to move an application before the said Education Tribunal for interim stay.

(SATISH KUMAR MITTAL)
JUDGE

C.M. No.922 of 2009 in Civil Writ Petition No.835 of 2009

Present:-
Mr. R.S. Cheema, Advocate, for the petitioners.
Mr. J.S. Puri, Addl. A.G., Punjab, for respondent Nos.1 and 2.
Mr. P.K. Goklaney, Advocate, for respondent No.3.

The filing of certified copy of Annexure P-16 is exempted and photocopy of the same filed on behalf of the petitioner, is taken on record, subject to all just exceptions.

C.M. stands disposed of.

(SATISH KUMAR MITTAL)
JUDGE

RAMESH SHARMA Vs STATE OF HARYANA AND OTHERS

CIVIL WRIT PETITION NO.4377 OF 2007

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

DATE OF DECISION: AUGUST 26, 2009

Ramesh Sharma .....Petitioner
VERSUS
State of Haryana and others ....Respondents

CORAM:-
HONBLE MR.JUSTICE RANJIT SINGH

1. Whether Reporters of local papers may be allowed to see the judgement?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?

PRESENT:
Mr. Anurag Goyal, Advocate, for the petitioner.
Mr. Harish Rathee, Sr.DAG, Haryana, for the State.

RANJIT SINGH, J.
The petitioner, who has retired as a teacher, seeks counting of his service rendered in the private school on an aided post for the purpose of pension with the service rendered by him subsequently in the Government employment. This issue has been subject matter of adjudication in number of cases. It has consistently been held that the service which is rendered in a Government aided private school, would have to be counted as a qualifying service for the purpose of pension and added to the service rendered by such an employee in the Government service to which he is subsequently appointed.

The facts, in brief, are that the petitioner was appointed as a Science Master in A.S.High School, Ambala, run by D.A.V College Management Committee, New Delhi on 9.8.1987. On 23.3.1993, the petitioner was selected as Science Master in Haryana Education Department. The A.S.High School, where the petitioner was earlier appointed, was being funded by the Government of Haryana. After joining the Government service, the petitioner submitted representation, claiming benefit and protection of the service rendered by him in A.S.High School, Ambala. When no action was taken on the representation, the petitioner submitted a legal notice dated 7.3.2005. Still no action was taken and the petitioner filed Civil Writ Petition No.9128 of 2005, which was disposed of with a direction to the respondents to decide the legal notice served by the petitioner.

On 17.10.2005, the claim of the petitioner was rejected on the ground that as per Rule 3.12 read with Rules 3.16 and 3.17, he is not entitled to add this service and count the same for retiral and pensionary benefits.

The order rejecting the claim of the petitioner can not be sustained as an identical issue raised in number of writ petitions already stand adjudicated by this Court in a decision rendered in Civil Writ Petition No.16817 of 2007 (Vijay Singh Vs. State of Haryana and others) on July 22, 2009. It is also noticed that the State has taken a similar stand in response to a notice issued in the said writ petition. Relying upon the ratio laid down in the cases of Harnandan Singh Vs. State of Punjab and others, 2007 (2) RSJ 437 and Charan Singh Vs. State of Punjab and others, 2006 (6) SLR 624, decided by two different Division Benches of this Court and a case titled Union of India and others Vs. Jawahar Lal Sharma, 2003(3) RSJ 672, the Court has directed the respondents to count the entire service rendered by the petitioners in a privately managed school and in the Government school for the purpose of pension and retiral benefits.

Reliance has also been placed on a decision of the Honble Supreme Court in the case of Chander Sain Vs. State of Haryana and others, AIR 1994 Supreme Court 972. In all these cases, the Court has held that the service rendered in the aided school was required to be counted for the purpose of pension and retiral benefits.

The issue raised in the writ petition is covered by the ratio of law laid down in the abovesaid cases. A service rendered in a private school or an aided post, which is receiving grant-in-aid is also made pensionable and as such, the same is required to be taken into consideration for the purpose of pension and retiral benefits.

Accordingly, the writ petition is allowed and the order dated 17.10.2005 (Annexure P-9) is set-aside with a further direction to the respondents to treat the seniority of the petitioner from 10.11.1987 to 20.9.2004 as qualifying service. The respondents are directed to take into account the service rendered by the petitioner against the sanctioned and aided post of Science Master and private managed school as a qualifying service for the purpose of pensionary and retiral benefits.

( RANJIT SINGH )
JUDGE

RAMESH AHLUWALIA Vs STATE OF PUNJAB AND OTHERS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

C.W.P. No. 11691 of 2009

DATE OF DECISION : 05.08.2009

Ramesh Ahluwalia .... PETITIONER
Versus
State of Punjab and others ..... RESPONDENTS

CORAM :-
HON BLE MR. JUSTICE SATISH KUMAR MITTAL

Present:
Mr. A.N. Singh, Advocate, for the petitioner.

SATISH KUMAR MITTAL , J.
The petitioner was working as Administrative Officer in DAV Public School, Amritsar. The said school is being run and managed by DAV College Managing Committee, New Delhi, which is a registered Society.

In the instant petition, the petitioner has challenged the order dated 8.1.2008, whereby he has been removed from service by the Managing Committee, after conducting a departmental enquiry and following the procedures of CBSE Affiliation Bye-laws; as well as the order dated 18/19.12.2008, whereby his appeal filed under the aforesaid Bye-laws has been dismissed.

Undisputedly, the respondent school is a private unaided school, being run by a Society. It is not an instrumentality of the State.

Regarding the maintainability of the writ petition against the respondent school and availability of the alternative remedy before the Civil Court, counsel for the petitioner referred to the following observations of the Supreme Court in Zee Telefilms Ltd. and another v. Union of India and others, (2005) 4 Supreme Court Cases 649 :

Under the Indian jurisprudence there is always a just remedy for the violation of a right of a citizen. Though the remedy under Article 32 is not available, an aggrieved party can always seek a remedy under the ordinary course of law or by way of a writ petition under Article 226 of the Constitution, which is much wider than Article 32.

Counsel submits that since the respondent school is discharging the important public duties, therefore, the filing of writ petition under Article 226 of the Constitution of India, against the impugned orders is efficacious remedy.

After hearing counsel for the petitioner, I do not find any force in the contention raised by him. The respondent school, being an unaided and a private school being managed by a Society, is not an instrumentality of the State. In my opinion, the petitioner has the efficacious remedy to challenge the impugned orders before the Civil Court. In the instant case, while challenging the impugned orders, the petitioner has raised certain disputed questions of facts. Thus, in the facts and circumstances of the case, I am not inclined to entertain this petition and the same is, accordingly, dismissed with liberty to the petitioner to avail his alternative remedy.

( SATISH KUMAR MITTAL )
JUDGE

B K KAUSHIK SON OF NADAN SINGH Vs G P CHOPRA PRESIDENT DAV COLLEGE MANAGING COMMIT

In the High Court for the States of Punjab and Haryana at Chandigarh

COCP No. 934 of 2008

Date of decision: July 22,2009

B.K.Kaushik, son of Nadan Singh ..Petitioner.
Versus
G.P. Chopra, President, DAV, College Managing Committee Respondent.

Coram:
Honble Mr. Justice Rakesh Kumar Garg

Present:
Mr.Gaurav Arora, Advocate for the petitioner
Mr. Surinder Sharma, Advocate for respondent

Rakesh Kumar Garg,J(Oral)
In response to the show cause notice issued by this Court, Shri Surinder Sharma, Advocate appearing on behalf of the respondent has placed on record a photo copy of the order dated 16.7.2009 whereby in compliance of the order dated 9.1.2009 passed by this Court in CWP No. 10769 of 2008, the representation of the petitioner has been accepted and he has been posted in DAV Public School, Salwan Road, Assandh, District Karnal.

In view of the aforesaid order passed by the respondent, I am not inclined to proceed further in this petition.

Rule discharged.

(RAKESH KUMAR GARG)
JUDGE

DAV COLLEGE TRUST AND MANAGING SOCIETY AND ANOTHER Vs DIRECTOR OF PUBLIC INSTRUCTIONS (SCHOOLS) U T ADM

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Civil Writ Petition No.7495 of 2009

Date of Decision: 15.07.2009

DAV College Trust and Managing Society and another Petitioners
Versus
Director of Public Instructions (Schools) U.T. Administration and others Respondents

CORAM:-
HONBLE MR. JUSTICE JASBIR SINGH

Present:
Mr.Rajdeep Singh Cheema, Advocate for the petitioners

Jasbir Singh, J. (Oral)
CM No.11421 of 2009
Application allowed, documents are taken on record.

CWP No.7495 of 2009
This writ petition has been filed by the petitioners to lay challenge to order dated 18.3.2009 (P1), directing the petitioners to provide requisite information to the applicant under the provisions of Right to Information Act, 2005(in short the Act). As is apparent from the affidavit now filed, the petitioners have already provided the information to the applicant/ respondent No.3 as demanded by him.

It is contention of counsel for the petitioners that Hari Ram Hostel, regarding which information was sought, is not an aided institute and in view of that respondent No.2 has no jurisdiction to direct the petitioners to provide hostel information under the Act.Civil Writ Petition No.7495 of 2009 After hearing counsel for the petitioners, this Court feels that the argument raised is fallacious and is liable to be rejected.

It is not in dispute that the School is receiving financial aid from the Union Territory, Chandigarh. It is also not in dispute that the hostel is situated on the land, which was allotted to the School as an educational institute. In that hostel, students studying in the school, are accommodated. By taking note of above said facts, the authority below has rightly said that the hostel is a part of the school, as such, the petitioners are under an obligation to provide information demanded by respondent No.3.

Private aided institution has been held to be covered under the definition of public authority by a Division Bench of this Court in the case of Principal M.D.Sanathan Dharam Girls College Ambala City and another v. State Information Commissioner, Haryana and another (CWP No.453 of 2008), decided on 14.1.2008. No case is made out for interference.

Dismissed.

(Jasbir Singh)
Judge

SMT CHALTI DEVI Vs D A V COLLEGE MANAGING COMMITTEE NEW DELHI AND OT FAO 26 of 1989



USHA RANI Vs STATE OF PUNJAB AND OTHERS Civil Writ Petition 3651 of 2011

IN THE HIGH COURT OF PUNJAB and HARYANA AT CHANDIGARH


Date of Decision : March 01, 2011.

Usha Rani .....Petitioner
versus
State of Punjab and others .....Respondents

CORAM :
HON'BLE MR.JUSTICE SURYA KANT.

Present :
Mr.Ranjan Lakhanpal, Advocate, for the petitioner.

1. Whether Reporters of Local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest?

Surya Kant, J. (Oral)
The petitioner is a retired teacher from the Hindi Putri Pathshala (Higher Secondary School), Khanna, District Ludhiana. She seeks a mandamus for the release of her annual increments for the years 1986, 1988, 1989, 1992, 1993 and 2003 with all the consequential benefits. It is averred that these increments were withheld by the Management of the School, namely, D.A.V. College Management Committee for arbitrary reasons and as a colourable exercise of powers. It is further averred that the petitioner preferred a departmental appeal against withholding of her increments before the D.P.I. (Schools), Punjab, on 17.5.1985 (Annexure P-2) and no sooner the Management received notice of that appeal that it approached this Court in Civil Writ Petition No.8218 of 1987 challenging the Constitutional vires of the Punjab Privately Managed Recognized Schools Employees (Security of Service) Act, 1979. As an interim measure, further proceedings before the D.P.I. (School), Punjab were stayed in that writ petition which has since been dismissed as withdrawn in the year 2009.

The petitioner, therefore, seeks a direction for the release of her above stated increments.

Having heard learned counsel for the petitioner and on perusal of the material on record, it appears that the petitioner's appeal dated 17.5.1985 could not be decided by the D.P.I. (Schools), Punjab due to the the stay granted by this Court against continuation of these proceedings.

Since the writ petition filed by the respondent-Management is stated to have been dismissed as withdrawn, there appears to be no legal embargo to prevent the D.P.I.(Schools), Punjab, to invoke his statutory powers under the 1979 Act or the 1981 Rules framed thereunder and redress the
petitioner's grievance.

The writ petition is accordingly disposed of with a direction to the D.P.I.(Schools), Punjab, to treat this writ petition as a supplementary
representation on behalf of the petitioner in continuation of her original claim dated 17.5.1985 and dispose of the same after observing the principles of natural justice and in accordance with law, within a period of
four months from the date of receiving a certified copy of this order.

Ordered accordingly.

Dasti.

(SURYA KANT)
JUDGE



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