Teachers/Employees of private schools in
Delhi are governed by the Delhi School Education Act, 1973 and the Rules made
thereunder. Interpreting Rule 105 of the Delhi School Education Rules, 1973,
Hon’ble Supreme Court of India in Durgabai Deshmukh Memorial Sr. Sec. School
and Ors. Vs. J.A.J. Vasu Sena and Ors. (Decided On: 21.08.2019; MANU/SC/1139/2019, 2019 (11) SCALE 353)
held that the employees of Private Schools in Delhi remain on probation even
after expiry of the probationary period. For confirmation in service, a
specific order from the school is required and, in the absence of any such
order, the employee continues to remain on probation even after working for
years in the school.
Prior to
Durgabai Deskhmukh’s judgment (supra), Hon’ble Delhi High Court in catena of
judgments [Hamdard Public School
Vs. Directorate of Education and Anr. in W.P.(C) No.8652/2011
decided on 25.7.2013, Army Public
School and Anr. Vs. Narendra Singh Nain and Anr. in W.P.(C)
No.1439/2013 decided on 30.8.2013, etc.] had declared that the employees of
private schools in Delhi become permanent (deemed confirmed) after completion
of 3 years of service. Durgabai Deskhmukh’s judgment (supra), in substance, has
overruled all the Delhi High Court judgments which provided for the deemed
confirmation (automatic regularization) of the teachers/employees of private
schools in Delhi.
Anuj Aggarwal
Advocate
483, Block – 2, Lawyers Chambers,
Delhi High Court, New Delhi – 110003
Mob – 9891403206
Email = anujaggarwal1984@gmail.com
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