Sunday, June 7, 2020

Teachers/employees of Private Schools in Delhi remain on probation even after expiry of the probationary period (no deemed confirmation or automatic regularization of service) – Supreme Court of India


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


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