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Delhi govt takes over 2 branches of pvt school, HC halts process- 4-Aug-2016

New Delhi: Delhi government took over two branches of a private unaided school, which faces complaints of violation of rules, following approval by Lieutenant Governor Najeeb Jung even as the process was halted by Delhi High Court later.
 
The action has been initiated against the Rohini and the Peetampura branches of Maxfort School following several complaints against it including violation of rules in admission to candidates from economically weaker sections (EWS), false records and misappropriation of funds, among others.
 
Directorate of Education (DoE) officials claimed that Jung had given his approval to the take over last night.
 
The school authorities, however, moved court which said "no precipitative action" is to be taken, effectively ordering status quo till the next hearing, on Monday.
 
Ordering a stay on any precipitative action, the court appointed a local commissioner to visit the school and to maintain records of the documents sought by the government regarding the institute's functioning.
 
"Lt Governor is satisfied that the managing committee of the school has neglected to perform the duties imposed on it under the Delhi School Education Act, 1973 and the rules made there under and failed to run the school in the best interest...needs immediate intervention and it is expedient in the interest of school education to take over the management of this school," the take-over order said.
 
The order further stated that over Rs 18 crore was "transferred" from the schools' account to the trust running the school and through that, to another.
 
The school, which has four branches in Delhi, is currently being run by Chadha Educational Society and S Jagat Singh Chadha Charitable Trust.
 
DoE had issued show cause notices to the two branches of the school in April this year asking the authorities to respond within days, however, the officials claimed that there response was not found to be satisfactory and they had objections to the school authorities' approach towards the issue.

Following complaints from the parents' association, DoE had written to the heads of the two schools in March, asking them to declare results of students whose parents were protesting against fee hike.
 
Complaints of misappropriation of funds were referred to the Economic Offences Wing of the Delhi Police and the government had constituted two committees, one under the department of Education and the other under the District Magistrate (DM) of north-west Delhi
 
According to the report, the school had also failed to maintain the service records and personal files of teachers and did not furnish details relating to salary statements of the staff, attendance registers of the staff and other necessary documents.
 
The school was also found to have collected capitation fees and the management of the schools had violated section 24 of DSE Act, 1973 according to which every recognised school is supposed to be inspected at least once in each financial year which could not be done, due to lack of co-operation from the schools' committees.
 
Explaining the modalities of the takeover, a DoE official said the government will take over the management of the school from the private party and appoint an administrator to run it.
 
"He can be from within the government or from outside but appointed by the government," the official said.  

"The school will still remain private, where students will have to pay fees. There will be no change in the principal and teachers of the school and the government will pay salaries to the school staff," the official said.
 
When the show-cause notices were issued, the school authorities had moved Delhi High Court even then, terming the action "illegal and against the principle of natural justice".