In a significant legal battle, the Management Committee and the Directorate of Education faced off in the Delhi High Court. The judgment delivered sheds light on the disputes and directions regarding the calculations of dues. Stay informed about the outcome of this case and its implications. #DelhiHighCourt #LegalCase #Judgment #Education
Facts
- Cost for engaging Chartered Accountant/Auditor to be borne by the Society.
- Director of Education can request necessary records from School/Society for examination of dues.
- School/Society to cooperate fully in providing necessary records.
- Director of Education to complete final calculations within eight weeks of receiving calculations from Petitioners and School/Society.
Arguments
- DOE made calculations without considering that part of the arrears of 6 CPC had already been paid to the petitioners by the Management Committee.
- 20% of the amount has already been released to the petitioners as per the Management Committee’s calculation.
- The DOE calculated amounts payable to the petitioners for a period when they had not actually discharged their duties.
- Management Committee raised objections regarding the calculations in a representation dated 22 December, 2023, which were not taken into account by the DOE during finalizing the calculations.
- Management Committee objected on two grounds with respect to the calculations of the DOE.
- DOE needs to conduct a fresh assessment after considering the judgment passed on 01 May, 2024 in W.P.(C) No. 6132/2024.
- The Management Committee can release the amounts to the petitioners based on calculations by the DOE.
- Judgment passed in W.P.(C) No 4542/2021 has attained finality and respondents must comply with it.
- Dispute regarding 20% of amount being released to petitioners by Management Committee.
- Objections by Management Committee about payment for the period of not discharging duty were not entertained by the Court.
- Detailed exercise by DOE indicates Management Committee owes ₹ 5,51,53,744 to the petitioners.
- Management Committee is liable to pay petitioners as per the DOE’s calculations.
- Petitioners were never heard in the said petition even though they were a necessary party.
- ASC, GNCTD confirms the exercise will be carried out by the Directorate of Education.
Analysis
- Petitioners have challenged the final calculations done by the Directorate of Education (DOE) regarding the balance payment.
- The total amount calculated by the DOE as payable to the petitioners is ₹ 5,51,53,744/-.
- Both the petitioners and the Management Committee have raised objections to the calculations done by the DOE.
- Directions have been given for a fresh assessment and verification of the calculations by the DOE in light of the representations made.
- The Competent Authority of Directorate of Education is responsible for conveying the details of the meeting for consideration of the representations to the petitioner-society in advance.
Decision
- The Management Committee challenged the final calculations by the DOE through a writ petition.
- The Court directed the DOE to consider the Management Committee’s representation and objections.
- An affidavit of undertaking to be filed by the School/Society within ten days.
- Petitioners and their representatives are granted liberty to appear before the DOE during the consideration of the representation.
- The Court directed the Management Committee to comply with the directions given in the judgment passed in a previous case.
- Release of 20% of the calculated amount within one week of finalization by the DOE.
- Remaining outstanding amounts to be disbursed in six equal installments within 12 months.
- Petitioners given an opportunity to raise objections to DOE’s calculations.
- The DOE to complete the assessment/verification of calculations by a specified date.
- Final report on amounts due to be furnished to both parties with an opportunity for presenting their case.
- School/Society to release 20% of the amounts due within one week of receiving the report.
- Petitioners and the School/Society to submit their respective calculations to the Director of Education within ten days.
Case Title: MADHU GUPTA Vs. CL BHALLA DAYANAND MODEL SCHOOL & ORS. (2024:DHC:3798)
Case Number: CONT.CAS(C)-168/2024
