Delhi High Court stays Suspension Order of a teacher passed by Ravindra Public School

Delhi High Court

18 November 2022

 

Delhi High Court stays Suspension Order of a teacher passed by Ravindra Public School

 

Mr. S. S. Tyagi is a permanent Trained Graduate Teacher (English) in Ravindra Public School, Delhi. He was entitled to receive salary as per 7^th CPC in terms of the Delhi School Education Act, 1973. However, the said benefit was illegally denied by the school.

 

Being aggrieved, Mr. S. S. Tyagi, along with 8 other teachers, filed a writ petition before the Hon’ble Delhi High Court seeking salary as per 7^th CPC.

 

The school, in order to victimise Mr. S. S. Tyagi, vide Order dated 17.06.2020, illegally suspended him from service. Mr. S. S. Tyagi challenged his suspension order dated 17.06.2020 before the Hon’ble Delhi High Court. The Hon’ble High Court, vide Order dated 01.10.2020, set aside the suspension order dated 17.06.2020.

 

Thereafter, vide Order dated 10.01.2022, Mr. S. S. Tyagi was again suspended from service. Mr. Tyagi challenged his second suspension order dated 10.01.2022 before the Hon’ble Delhi High Court. Vide Order dated 18.11.2022, the Hon’ble Delhi High Court stayed the suspension order dated 10.01.2022. The directive paragraphs of the Order dated 18.11.2022 are reproduced below for ready reference: -

“5. Issue notice. Ms. Tyagi accepts notice on behalf of respondent no. 3. Upon the petitioner taking steps, issue notice to respondents no. 1 & 2 through all permissible modes. Counter affidavit and reply to the application, if any, be filed within six weeks.

 

6. In the light of the decision of the Division Bench in LPA No. 37/2022 the operation of the impugned orders will remain stayed till the next date. This would, however, not entitle the petitioner for the present to claim any arrears for the differential amount. The relevant extract of the decision in Delhi Public School Dwarka vs. Sarika Prasad & Ors. reads as under:

“27. Respondent No.1 was put under suspension on 24.02.2020 and the approval of Director of Education ought to have been received on or before 11.03.2020 and pursuant to the said date, Respondent No.1 could not have been kept under suspension and the order of approval granted by Director of Education on 11.03.2021 would not revive the order of suspension which had lapsed on 11.03.2020.”

 

7. List on 24.04.2023.”

 

[S. S. Tyagi Vs. Ravindra Public School & Ors., WP (C) No. 15898/2022, Order dated – 18.11.2022, Hon’ble Delhi High Court, Next date of hearing = 24.04.2023]

 

https://advocateanujaggarwal.com/home.php

 

https://advocateanujaggarwal.com/advocateadmin/img/Finalist/2022120116698808182022%20Del%20Single%20-%20S%20S%20TYAGI.pdf

 

Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com

 

Delhi High Court restrained Delhi Skill and Entrepreneurship University from conducting Computer Based Recruitment Test (CBRT) for filling up 48 posts of Junior Assistant

Delhi High Court

10 November 2022

 

Delhi High Court restrained Delhi Skill and Entrepreneurship University from conducting Computer Based Recruitment Test (CBRT) for filling up 48 posts of Junior Assistant

 

On 21 March, 2022, Computer Based Recruitment Test (CBRT) was conducted by the Delhi Skill and Entrepreneurship University for making appointments on the post of Junior Assistant. Around 40,000 candidates appeared in the CBRT. The CBRT was conducted by the University in several centres in the Delhi NCR region.

 

Vide Notice dated 26.04.2022, the University cancelled the CBRT held in March, 2022 and decided to re-conduct the CBRT.

 

On 14-15th July, 2022, the CBRT was again conducted. Around 25,000 candidates appeared in the said written examination.

 

That vide Result Notice dated 23.08.2022, the University declared the list of selected as well as waiting list candidates. 48 candidates were selected for appointment on the post of Junior Assistant/Office Assistant (Post Code-0111202101) and 156 candidates were kept in the waiting list.

 

Vide Notice dated 26.10.2022, the University again cancelled the CBRT as conducted on 14-15th July, 2022 and declared as under: -

 

"In the conduct of Computer Based Recruitment Test (CBRT) held on Jul. 15 - 16, 2022 for 48 posts of Junior Assistant/Office Assistant (Post Code - 0111202101) advertised against Advt No. - 01/11/2021 some of cases of unfair means at two centres were reported and FIRs were lodged with respective Cyber Cell Police Stations, Delhi Police. The investigation is under process. With the view to uphold the sanctity of the University Recruitment Process and in the interest of fairness to the applicants/candidates, the University cancels the CERT for the 48 posts of Junior Assistant/Office Assistant (Post Code - 0111202101) advertised against Advt No. - 01/11/2021 held on Jul. 14-15, 2022. This issue with the prior approval of the Competent Authority."

 

Being aggrieved by the Notice dated 26.10.2022, 13 shortlisted candidates challenged the same before the Hon’ble Delhi High Court. Vide Order dated 10.11.2022, the Hon’ble Delhi High Court restrained the University from conducting a fresh CBRT. Next date of hearing in the writ petition is 16.12.2022.

 

[Preeti Bhardwaj & Ors. vs. Delhi Skill and Entrepreneurship University & Ors.; W.P. (C) No. 15270/2022; Delhi High Court, Order dated 10.11.2022]

 

 

https://advocateanujaggarwal.com/advocateadmin/img/Finalist/2022112616694715742022%20Del%20Single%20-%20Preeti%20Bhardwaj.pdf

 

https://advocateanujaggarwal.com/home.php

 

 

 

Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com