Measurement of distance between school and residential block
Guest
(Querist) 20 April 2012
This query is : Resolved
A School in its forms says we would measure distance from School to 'Residential Blocks in an area', without reference to word 'gate' anywhere.
And now in court, it says, the measurement has to be done from Gate (school) to Gate (block) only but does not provide this in Written Statement but makes this statement orally in the court, to convince the Judge.
Though, all Blocks in nearby areas does not have walls/gates, so an equitable approach has to be taken, as per the Dept of Education notifications.
Any judgement in this regard would be appreciated, whereby distance can otherwise be measured because gates are not permanent but man-made.
Thanks in anticipation...
V R SHROFF
(Expert) 20 April 2012
Repeated Query, already replied earlier
Guest
(Querist) 20 April 2012
Thanks Sir,
But the previous thread was deleted by the Admin on request, so that it can be re-posted, as no judgement was cited by any one.
best regards...
Raj Kumar Makkad
(Expert) 20 April 2012
There is not judgment available on the subject as the judgment is also man made like block and gates of the buildings.
You shall have to take one stand in the court.
Shonee Kapoor
(Expert) 20 April 2012
What is the issue in which such contention is being raised.
In Delhi for prohibition, the distance is always measured from the building wall.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M V Gupta
(Expert) 21 April 2012
The issue is a case specific. The method of measuring the distance may have to be decided in the light of the objective of the condition. If it is for picking up the child from a block which is surrounded by a compound wall it is reasonable to measure the distance from gate to gate, as the School buses are not expected to enter the compound of the blocks.
Guest
(Querist) 21 April 2012
Thanks Mr Makkad, probably that needs to be done !
Thanks Mr Kapoor, can you please provide specific law on the subject.
Thanks Tom !
Thanks Mr Gupta, but most of the blocks in the neighborhood do not have any walls or gates, so I suppose criteria is to be applied to all uniformly as per DOE... also, the school does not have any own transport.
Further, School is silent on how they are applying the criteria and also they didn't ever provided the same in writing (either in written response, reply to legal notice or Written Statement in the court) that they have taken Gate to Gate distance only for all candidates or even for Plaintiff.
