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Jayant Nath's Order on School Protesters' Demonstration Distance, Study Guides, Projects, Research of Land Law

Bangalore UniversityLand Law

An order by the high court of delhi, passed by justice jayant nath on september 26, 2016, in the case of the managing committee vs. Deepak placement agency & ors. The order discusses the distance at which protesters can hold demonstrations near a school, considering the impact on students, teachers, and other visitors. The court modified the previous order to increase the distance from 50 ft to 100 ft.

Typology: Study Guides, Projects, Research

2017/2018

Uploaded on 04/23/2018

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CM(M)960/2016 Page 1
$~A-32
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 960/2016 & CM Nos.35380-35381/2016
THE MANAGING COMMITTEE ..... Petitioner
Through Mr.Sudhanshu Batra, Sr.Adv. with
Mr.Arun Vohra and Ms.Aakriti Vohra, Advs.
versus
M/S DEEPAK PLACEMENT AGENCY & ORS..... Respondent
Through
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
O R D E R
% 26.09.2016
1. An advance copy of the petition has been sent by courier to the
respondent. None is present on their behalf.
2. Learned senior counsel for the petitioner seeks to impugn the order
dated 6.4.2016 by which the appellate court directed that the respondents
can hold their procession beyond 50 ft from the wall/school gate and that the
said distance is reasonable and appropriate in the present case keeping in
view the geographical condition of the school and the situation of other
habitants and building at the place.
3. This order was passed in an appeal against the order dated 4.12.2015
by which the respondents were given liberty to demonstrate/hold dharna
provided they have permission from the concerned authority. The
respondents were restrained from resorting to violence, aggressive slogans
and to create hindrance in ingress and egress of teachers, students, staff and
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$~A-

* IN THE HIGH COURT OF DELHI AT NEW DELHI

  • CM(M) 960/2016 & CM Nos.35380-35381/ THE MANAGING COMMITTEE ..... Petitioner Through Mr.Sudhanshu Batra, Sr.Adv. with Mr.Arun Vohra and Ms.Aakriti Vohra, Advs. versus M/S DEEPAK PLACEMENT AGENCY & ORS..... Respondent Through CORAM: HON'BLE MR. JUSTICE JAYANT NATH O R D E R % 26.09.
  1. An advance copy of the petition has been sent by courier to the respondent. None is present on their behalf.
  2. Learned senior counsel for the petitioner seeks to impugn the order dated 6.4.2016 by which the appellate court directed that the respondents can hold their procession beyond 50 ft from the wall/school gate and that the said distance is reasonable and appropriate in the present case keeping in view the geographical condition of the school and the situation of other habitants and building at the place.
  3. This order was passed in an appeal against the order dated 4.12. by which the respondents were given liberty to demonstrate/hold dharna provided they have permission from the concerned authority. The respondents were restrained from resorting to violence, aggressive slogans and to create hindrance in ingress and egress of teachers, students, staff and

parents.

  1. Learned senior counsel appearing for the petitioner relies upon judgment of this Court in Delhi Public School through its Principal and another vs. The Delhi State School Karmchari Union (Regd.) and Ors. 2001 (60) DRJ 361 to contend that schools have to be given a better treatment than industrial undertakings when the question of allowing their employees to undertake union activities is examined. He submits that a distance of 50 ft as passed by the appellate court in the impugned order is not even the distance of the road which passes in front of the school. He submits that the effect of fixing this distance is to cause inconvenience to teachers, students, staff and parents who come to drop the students. It also causes disturbance in teaching and holding of classes. He has relied upon a map which is annexed at page 410 of the petition.
  2. In Delhi Public School through its Principal and another vs. The Delhi State School Karmchari Union (Regd.) and Ors. (supra) this Court held as follows PARAS 13 AND 14.
    1. In the present case, one has also to keep in mind that plaintiff is an educational institution. It is not undertaking any commercial or industrial activity in the popular sense of the term. Such educational institutions which are temples of learning are extended to even better treatment than the industrial undertakings when the question of allowing their employees in undertaking the union activities is to be examined. School employees and their Unions are expected to exercise more restraint. They should be conscious of the surroundings in which they are functioning. They are supposed to act in a more matured and responsible manner than the trade unions of industrial undertakings inasmuch as their activities are going to be noticed by hundreds and thousands of students of tender and impressionable age. Any violence, rowdyism,

same.

  1. Petition stands disposed of. In case the parties have any difficulty, liberty is granted to the parties to approach the trial court with appropriate application. In case such application is filed the trial court may deal with the same in accordance with law.
  2. A copy of this order be given dasti under signatures of the Court Master to counsel for the petitioner. JAYANT NATH, J SEPTEMBER 26, 2016 n