A Yoga Teacher cannot be removed on the alleged ground of medical unfitness by a private school – Delhi School Tribunal directed reinstatement with costs of Rs. 1,10,000/-

On 08.03.2018, Delhi School Tribunal (DST), Delhi declared that a Yoga Teacher cannot be removed from service on the alleged ground of medical unfitness by a private school. The decision was rendered in Appeal No. 90/2017 entitled “Sunita Sahi vs. Sachdeva Public School”.

Anuj Aggarwal, Advocate, counsel for Ms. Sunita Sahi, argued that the termination of service of Ms. Sunita Sahi on the purported ground that she is unable to carry out her yoga duties constitutes a stigmatic termination of service and, therefore, it was obligatory for the school to conduct an inquiry and comply with the principles of natural justice. It was further argued that since Sachdeva Public School failed to comply with the principles of natural justice, Ms. Sunita Sahi, a confirmed yoga teacher, was entitled to be reinstated in service.

Accepting the submissions made by Anuj Aggarwal, Advocate, the DST declared that the action of terminating the service of Ms. Sunita Sahi by Sachdeva Public School was illegal and Ms. Sunita Sahi was held entitled to be reinstated in service. It was further held that in case Ms. Sunita Sahi could not perform the duties of yoga teacher due to medical reasons, then she should be assigned some other administrative duties. The Appeal preferred by Ms. Sunita Sahi was allowed with cost of Rs. 1,10,000/-.

CAT declares that a candidate can submit her Scheduled Caste Certificate after the cutoff/last date prescribed by DSSSB for appointment on the post of Teacher (Primary) in MCD

On 08.03.2018, the Central Administrative Tribunal (CAT), Delhi declared that a candidate can submit her Scheduled Caste (S.C.) Certificate after the cutoff/last date prescribed by the Delhi Subordinate Services Selection Board (DSSSB) for appointment on the post of Teacher (Primary) in MCD. The decision was rendered in O. A. No. 944/2015 entitled “Jyoti vs. Govt. of NCT of Delhi & Ors.”.

Anuj Aggarwal, Advocate, counsel for Ms. Jyoti, argued that a S.C. candidate is S.C. by birth and S.C. certificate merely certifies a pre-existing fact. He further argued that necessitating upon a certificate dated prior to cutoff date would be arbitrary and it has no rationale objective to be achieved. DSSSB had prescribed 15.01.2010 as the cutoff/last date for submitting the application forms whereas SC certificate was issued to Ms. Jyoti on 04.04.2011 by the Delhi Government.

Accepting the submissions made by Anuj Aggarwal, Advocate, CAT declared that the rejection of the candidature of Ms. Jyoti by the DSSSB for appointment on the post of Teacher (Primary) in MCD on the ground that she procured the SC certificate after cutoff/last date, was illegal. CAT further directed the DSSSB to forward the dossier of Ms. Jyoti for appointment on the post of Teacher (Primary) to the concerned MCD.