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Supreme Court of India 2024-08-28 partly_allowed

NEW DELHI MUNICIPAL COUNCIL AND ANOTHER vs MANJU TOMAR AND OTHERS

Bench: 2 — Hima Kohli, Sandeep Mehta

In Brief

The Delhi Sikh Gurdwara Management Committee (DSGMC) illegally closed Khalsa Boys Primary School without permission from the competent authority, despite a court stay order. The NDMC had been providing 95% of the school's funding. After closure, the NDMC paid salaries and pension benefits to the displaced staff. The Supreme Court held that under the Delhi Education Rules, only properly authorized school closures trigger the government's obligation to absorb surplus staff. Since the DSGMC's closure was unlawful, the DSGMC—not the NDMC—bears responsibility for staff benefits. The NDMC may seek full reimbursement from the DSGMC, and the limitation period does not bar such recovery.

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Education Law Administrative Law Service Jurisprudence Rule of Law Remedies Government Aid/Grant Employee Benefits School Management Judicial Review Restitution

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