How could school run without class rooms, asks Delhi HC

How can a school run without classrooms and only with facilities of boundary wall, toilet block and drinking water space alone, wondered the Delhi High Court.

The court’s observation came after being informed that authorities concerned have granted permission to repair and renovate certain facilities, except the class rooms, in an MCD-run primary school in Khirki Village, which shares a wall with the Tomb of Yusuf Qattal, a Sufi saint.

“If the school is to run, it will require class rooms as well, apart from the facilities for which permission for repair/renovation has been granted by the competent authority vide letter dated May 14, 2025.

“It is beyond comprehension as to how a school can run without class rooms and only with the facilities of boundary wall, toilet block and drinking water space alone,” a bench of Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela said in a July 2 order.

The petition relates to the school which was constructed sharing a wall with the tomb in 1949 for imparting education to the children of Khirki Village in south Delhi.

The counsel for the petitioner, Khirki Village resident welfare association, submitted that after a span of 60 years, they felt the necessity for the school to be reconstructed as the population of Khirki Village and adjoining areas has increased.

The school’s old structure was demolished in 2012, and its 350 students were shifted to another MCD school. The Archaeological Survey of India (ASI) stopped the reconstruction of the school, stating that no construction is allowed in the prohibited area of the tomb and an NOC is required from it for reconstruction of the school.

The court noted that an earlier petition by the association was disposed of last year after noting that MCD had applied for fresh permission from ASI for reconstruction or repair of the school.

The court had disposed of the earlier petition with a direction to the ASI to decide the applications filed by the MCD in accordance with law and as expeditiously as possible, preferably within six weeks.

However, a year has elapsed since the passing of the order, but nothing has been done, leading to the filing of the fresh petition in 2025, the court noted.

“We gather an impression that the authorities, both of the ASI and MCD do not appear to be serious in getting the sanction for reconstruction/ repair of the school being run by the civic body.

The bench said it was “astonished” that an order passed by this court, which was to be complied with within six weeks, has taken about a year and still remains to be complied with.

“It is beyond our comprehension as to how the authorities are acting in this manner, both those of the MCD and ASI, risking initiation of contempt proceedings. Such a situation cannot be approved of by the court,” it said.

On July 2, the court was informed that the ASI has granted permission for the repair/renovation of existing structures — porta cabin, boundary wall, toilet block and drinking water space at the school concerned.

However, the counsel for the petitioner pointed out that it does not include any permission for the construction of classrooms.

The MCD counsel said the proposal is under preparation for seeking permission from the competent authority for the construction of the classrooms as well.

The high court directed the MCD to move an application seeking requisite permission of the ASI for construction of the classrooms and added that if such a proposal is made, it should be considered by the authorities keeping in mind the necessity of running the school which cannot be granted without the classes.

It said the competent authority should take its decision within two months from the date of application and listed the matter in October.