A division bench of Chief Justice G. Rohini and Justice Jayant Nath sought the response from the Delhi government, its education department, Delhi Development Authority (DDA) and Delhi Wakf Board by September 23.
Petitioner Firoz Bakht Ahmed sought directions to the DDA and Delhi Wakf Board to allot land for the construction of Qaumi School, a minority institution running from the Eidgah mosque due to non-availability of suitable land.
Ahmed said Qaumi School was launched in 1948 at Sarai Khaleel area with 23 rooms in a building, which was however razed during Emergency in 1975-76.
The Qaumi School, which caters to the poor students from the minority community, was later moved to the lawns of Eidgah, situated on the Wakf land at Jhandewalan Extention, central Delhi, the PIL said, adding that there was constant pressure from the Eidgah committee on the institute to vacate the premises.
The school was running under tin structure that leaked and was denied basic amenities and tools of education, the petitioner’s lawyer told the bench.
He said while the best possible school infrastructure was made available for the children of the rich and prime land provided to many school on subsidized rates, poor children from the minority community had to suffer.
“It is the state’s duty under article 38 of the constitution to secure a social order for the promotion of the welfare of the people,” the plea said.