‘How Can a School Run Without Classrooms?’ HC Questions Authorities Over Khirki Village School
Notably, the MCD-run school shares a wall with the Tomb of Yusuf Qattal, which is a protected monument;
The Delhi High Court recently questioned the authorities as to how a school can run without classrooms and only with the facilities of a boundary wall, toilet block, and drinking water space.
A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela made the observation while dealing with a plea filed by the Khirki Village Resident Welfare Association (KVRWA), seeking proper infrastructure and facilities in the MCD-run primary school located in Khirki Village. The plea was filed as the school shares a wall with the Tomb of Yusuf Qattal, which is a protected monument.
The court took note of an affidavit filed by the Archaeological Survey of India (ASI), which had granted permission for the repair and renovation of existing structures, namely, the porta cabin, boundary wall, toilet block, and drinking water space at the MCD-run school.
In response, MCD’s counsel submitted that renovation work on the permitted structures would commence shortly as per the granted approval.
However, the petitioner’s counsel pointed out that the permission provided via the May 14 letter was confined strictly to the renovation of non-academic facilities and did not include any approval for the construction of classrooms.
Taking note of this submission, the Court remarked, “If the school is to run, it will require classrooms as well, apart from the facilities for which permission for repair/renovation has been granted by the competent authority vide letter dated 14.05.2025. It is beyond comprehension as to how a school can run without classrooms and only with the facilities of boundary wall, toilet block and drinking water space alone.”
Court accordingly directed the MCD to submit an application within a week seeking requisite permission for the construction of classrooms.It further directed the competent authority to take a decision on the proposal within two months to ensure that the school can become fully functional.
“The decision by the competent authority shall be taken within two months from the date the application/proposal is made by the Municipal Corporation of Delhi seeking permission for the construction of the classrooms,” the Court said.
The matter will next be heard on 8 October 2025.
For Petitioners: Mr.Gaurav Goel, Adv. with Mr.Vikas Gautam, Mr.Ravi Kumar and Mr.Tarun Kumar, Advs.
For Respondents: Mr.Kapil Dutta, Adv. with Mr.Vikas Chopra, Adv. for MCD. Mr.Amit Tiwari, CGSC with Ms.Ayushi Srivastava and Mr.Ayush Tanwar, Advs. for R-2 & R-3.
Case Title: KHIRKI VILLAGE RESIDENT WELFARE ASSOCIATION VERSUS MUNICIPAL CORPORATION OF DELHI & ORS
Order Date: 02 July 2025
Bench: Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela