The Delhi High Court on Wednesday (30 December 2015) asked the Delhi government to file reply on a plea seeking stay of the notification directing the city’s public schools to provide their buses for running as public transport from January 1 to 15 when the number of private vehicles on the capital’s roads will drastically fall. [Also see: Plea to stay operation of private school buses as public transport filed in Delhi HC.]
A division bench headed by Justice Hima Kohli listed the matter for January 14, while asking the city government why did it not take permission from private schools before picking up their buses.
The plea was filed by Action Committee of Unaided Private Schools’ president, S.K. Bhattacharya.
It has also asked the committee to submit a list of schools opposing the notification.
Contending that city’s private unaided recognised schools are managed by their own resources and the government does not provide any financial help to them, Bhattacharya requested court to stay the operation of the notifications issued on December 18 and December 21.
The directorate of education had issued the two circulars directing private schools to provide their school buses along with drivers and helpers for running it as public transport from January 1 to 15 when private vehicles with odd and even registration numbers will ply on odd and even dates.
The Delhi government has directed all city schools to shut from January 1-15 during the trial period of its odd-even formula.
There is no provision which authorises the government to take control of the private property of these schools, without their consent, for government or public use and the same is in complete violation of constitutional rights, the plea said.
“…the act of the directorate of education to make the schools sign on the dotted line and ask them to sign the standard agreement of DTC for the school buses is completely autocratic,” said the plea filed by counsel Pramod Gupta.
Advocate Gupta in the plea said that forcing private schools to provide their buses are completely unfair and illegal.
