In a decisive ruling, the Supreme Court declared that the New Delhi Municipal Corporation (NDMC) bears no responsibility for absorbing or compensating the excess staff of a school run by the Delhi Sikh Gurudwara Management Committee (DSGMC). The controversy arose after DSGMC shut down the school without obtaining prior approval from NDMC, which finances 95% of the school’s operations.
According to Rule 46 of the Delhi Education Rules, DSGMC was required to seek NDMC’s permission before closing the school, especially given NDMC’s substantial financial contribution. The DSGMC, however, failed to follow this mandate, leading to a legal battle where DSGMC argued that NDMC should bear the burden of re-employing the staff and covering their salaries as per Rule 47.
The bench, led by Justices Hima Kohli and Sandeep Mehta, dismissed DSGMC’s claims, emphasizing that the school closure, carried out without NDMC’s approval, could not shift the responsibility onto the municipal corporation. The court stressed that the legal requirement for NDMC’s approval must be adhered to for any claim under Rule 47 to be valid.
DSGMC had initially planned to relocate the school due to the deteriorating condition of its building and the growing number of devotees at the Bangla Sahib Gurudwara campus. However, this relocation, which effectively closed the school within NDMC’s jurisdiction, was done without the necessary clearance, making the closure unlawful.
In its ruling, the court clarified that while NDMC might cover the staff’s pay and benefits due to the illegal closure, it is entitled to seek reimbursement from DSGMC. The appeal was ultimately dismissed, reinforcing NDMC’s stance and leaving DSGMC accountable for its procedural oversight.
