On Wednesday, August 28, the Supreme Court delivered a significant ruling concerning the New Delhi Municipal Corporation (NDMC) and the Delhi Sikh Gurudwara Management Committee (DSGMC). The Court decided that the NDMC is not obligated to absorb or provide benefits to the excess staff of a school run by the DSGMC, following its closure without the NDMC’s prior approval.
The bench, comprising Justices Hima Kohli and Sandeep Mehta, clarified that under Rule 46 of the Delhi Education Rules, DSGMC was required to seek approval from the NDMC before shutting down the school. The NDMC had been providing 95% of the funds for the school’s management, making it mandatory for DSGMC to obtain this approval.
The DSGMC had closed the school, citing the dilapidated condition of the building and the challenges posed by a large number of devotees at Bangla Sahib Gurudwara, Delhi. The closure led to the relocation of the school outside the NDMC’s jurisdiction, thereby classifying it as closed. Despite receiving a 95% grant from the NDMC, DSGMC failed to get the required approval under Rule 46.
In defence, DSGMC argued that under Rule 47 of the Delhi Education Rules, the NDMC was responsible for absorbing the surplus staff resulting from the school’s closure. However, the Court rejected this argument, stating that the DSGMC’s failure to comply with Rule 46 disqualified it from invoking Rule 47. Justice Sandeep Mehta, authoring the judgment, emphasized that the DSGMC could not claim that NDMC should bear the burden of re-employment and salary payments for the surplus staff since the closure was not legally sanctioned.
The Court further ruled that, although NDMC must temporarily handle the payment of salaries and benefits to the affected staff, it has the right to seek reimbursement from DSGMC. If DSGMC fails to voluntarily reimburse these payments, NDMC is entitled to pursue legal remedies to recover the amount.
The appeal by DSGMC was ultimately dismissed, solidifying the NDMC’s stance in this legal dispute.
