The Delhi High Court on Tuesday directed the Delhi Government and Municipal Corporation of Delhi to close down the coaching centers operating in the national capital without a no objection certificate (NOC) from the Fire Department. A division bench of Chief Justice Satish Chandra Sharma and Justice Saurabh Banerjee also asked the Delhi Fire Services and other authorities to provide “logistical support” to the civic body for compliance with today’s order within 30 days.
The court said that the provisions of Delhi Master Plan, 2021, permit coaching centers to operate, subject to the conditions mentioned therein and therein, and that fire safety is a must. UPSC Coaching Center: Game Of Corruption, Students Are Forced To Become ‘Khatron Ke Khiladi’
Story of that day
The best example of everyone’s complicity in the game of corruption is the ongoing coaching in Mukherjee Nagar. The illegalities in the operation and safety management of the Coaching classes in Mukherjee Nagar were again brought to light by the fire incident in the Sanskriti Coaching Center on the premises of a commercial building constructed by the DDA. The official Municipal Corporation Delhi report indicated that the fire was caused due to short circuit in the electricity meter. The institute operated with more than 350 students on the fifth floor. The CEO and owner of two coaching classes arrested post the incident, lacked any Fire NOC or clearances to operate the coaching institute. READ here. DETAILS STORY
Suo Moto Cognizance by Delhi High Court [June 16, 2023]- The vacation bench of Hon’ble Justice Jasmeet Singh and Justice Vikas Mahajan directed the Delhi Fire Services (“DFS”) to conduct a fire audit and ascertain whether the requisite Fire NOC/Fire Safety Certificate was obtained by the coaching. The bench directed the DFS to audit the fire certificate and building sanctions of all the coaching institutes in Delhi. The bench issued a notice to the Delhi government, the DFS, the MCD, and the Delhi Police to take appropriate steps and file their responses within 2 weeks.
UPSC Coaching Or Education Mafia In Mukherjee Nagar: 50000 Lives In Danger!
Delhi Police [June 20, 2023]- The Delhi Police, after recording statements of 36 people said that the Coaching class had failed to give the student training on a fire exit plan on the premises.
DFS [June 24, 2023]- The fire audit conducted by the DFS in 130 coaching institutes across Delhi revealed that none of them were found to be satisfactory as per the fire safety standards and norms. The lack of emergency exits, fire alarms, sensors, fire-fighting water tanks, and overcrowding of classrooms was found in the audit. The audit was conducted in the coaching centers of Mukherjee Nagar, Kalu Sarai, Janakpuri, and Laxmi Nagar.
Show Cause Notice issued by MCD [June 28, 2023]- The MCD issued a show cause notice for the violation of Provisions of the Master Plan for Delhi 2021 (“MPD-2021”). The property used for the coaching center was originally allotted for Office purposes as per the standard building plan/sanctioned building plan. The mixed-use of the allotted premises was found to violate the MPD-2021. This violation was liable to a penalty under provision 9.2 of the Gazette notification dated 28.06.2018 issued by the DDA. The MCD directed compliance with the building sanctions and deposit of the penalty within 48 hours to avoid sealing of the premises under section 345-A r/w 347 of the DMC Act, 1957.
Similar illegalities and violations of the MPD-2021 led to multiple coaching centers in Mukherjee Nagar being sealed by the North Delhi Municipal Corporation in November 2017 and June 2019. UPSC Coaching Or Education Mafia In Mukherjee Nagar: 50000 Lives In Danger!
The following illegalities/irregularities were highlighted:
- Lack of firefighting equipment and infrastructure in the dilapidated building.
- Lack of NOC from the DFS.
- Lack of requisite safety evacuation plans by the coaching centers.
- Mixed use of the premises without permission and payment of annual mixed-use charges
as per the Gazette notification dated 28.06.2018 issued by the DDA. - Violation of building safety codes, MPD-2021.
- Guidelines/Compliances for Operating Coaching Classes in Delhi
- Registration and License
● Registration of the Coaching Class as a Proprietorship firm/Partnership/LLP
● A license under the Delhi Shops and Establishment Act, 1954.
● Business/Trade Permit for Coaching Center
● Current Bank Account on Coaching Name
● GST Registration
● Trademark Registration of the Coaching Institute Name
● Registration of Coaching Institute with the Delhi Education Department. In 2020, the DoE directed all Coaching institutions having an enrolment of 20 and above students, to register themselves with the directorate.
● Domain Name Registration
● ISO Certification for Coaching Institute (Optional)
Fire and Safety
The coaching centers in Delhi are largely unregulated due to the absence of dedicated guidelines
for coaching centers. In 2020, the DoE observed that despite the coaching centers running as the parallel education system in Delhi, they were out of the ambit of regularization and often
operated without statutory compliance. The Mukherjee Nagar incident has highlighted the requirement for compliance with the following requirements:
● Fire NOC – Only the buildings covered under Rule 27 of the Delhi Fire Service Rules 2010 require the Fire NOC. The requirement should be satisfied before the commencement of occupancy and with all the recommended fire and life safety measures provided/installed. These shall be verified and Fire Safety Certificate (FSC) shall be issued. All educational institutions require fire NOCs; however, such a requirement does not specifically apply to the coaching centers. If the building where the Coaching center is situated falls under the ambit of Rule 27, the obtaining of NOC would become mandatory.
