Delhi High Court (DB)
19.01.2024
Minority
unaided private schools are required to take approval from the Director of
Education, Govt. of NCT of Delhi, before suspending an employee – Delhi High
Court (DB)
On 02.07.1997, Mrs. Ruchi Malhotra was appointed as an
Assistant Teacher (Art) by Guru Nanak Public School, Pushpanjali Enclave,
Pitampura, Delhi. Guru Nanak Public School is a minority unaided recognized private
school in Delhi. On 01.11.2010, Mrs. Ruchi Malhotra was promoted to the post of
TGT (Arts).
On 23.10.2017, Mrs. Ruchi Malhotra was suspended
from service with immediate effect. Guru Nanak Public School did not take approval
from the Director of Education, Govt. of NCT of Delhi, for suspending Mrs.
Ruchi Malhotra. Section 8 (4) of the Delhi School Education Act, 1973, however,
requires a private school to take prior approval from the Director of
Education, Govt. of NCT of Delhi, before suspending an employee.
Being aggrieved by her illegal suspension from service,
Mrs. Ruchi Malhotra filed a writ petition [W.P. (C) No. 3567/2019] before the
Hon’ble Delhi High Court. Vide Order dated 09.12.2019, the writ petition was
allowed and the minority school was directed to pay full salary to Mrs. Ruchi Malhotra
for the period of her suspension from service.
Guru Nanak Public School, instead of implementing the
Order dated 09.12.2019, passed by the Single Judge Bench of the Hon’ble Delhi
High Court, challenged the same by filing a Letters Patent Appeal [LPA No.
222/2020] before the Division Bench of the Hon’ble Delhi High Court. Before
High Court, Guru Nanak Public School contended that being a minority school it
was not obligatory for the school to take prior approval from the Director of
Education before suspending an employee. It was also contended by the school
that there
must be minimal regulatory control of the Government over the administration of
unaided minority educational institutions.
Vide Order dated 19.01.2024, the Division Bench of
the Hon’ble Delhi High Court dismissed the appeal filed by Guru Nanak Public
School. Directive paragraphs of the Order dated 19.01.2024 are reproduced below
for ready reference: -
“10.
From a perusal of the aforesaid, we are of the view that though the Apex Court
in T.M.A. Pai Foundation (supra) has held that there ought to be minimal
regulatory control over administration of unaided minority educational institutions,
this, however, in itself does not imply that Section 8(4) of the DSE Act would
not be applicable to these unaided minority educational institution. In our
view, merely because the Constitution Bench has observed that minority
institutions must evolve a rational procedure for selection of its teaching
staff and for taking disciplinary action, this does not imply that the
statutory mandate under Section 8(4) would not be applicable to them. We are
unable to agree with the learned counsel for the appellant that the manner in
which the question 5(c) has been answered by the Constitution Bench would imply
that Section 8(4) DSE Act would not be applicable to the appellant.
11.
On the other hand, we have also considered the decision in Frank Anthony
Public School Employees Assn.(supra), and in G. Vallikumari (supra) relied
upon by the respondents and find that in these decisions the Apex Court has
specifically held that Section 8(4) of the DSE Act which provides that no
minority educational institutions will suspend an employee without prior
approval of the Director of Education, is valid.
…..
…..
13.
For the aforesaid reasons, we have no hesitation in rejecting the
appellant’s plea that Section 8(4) of the DSE Act is not applicable to unaided
minority educational institutions. This provision in our view is a part of the
limited supervisory powers, which the Director of Education exercises over the
functioning and administration of minority educational institutions like the
appellant. We, therefore, find no infirmity with the order passed by the
learned Single Judge. The appeal being meritless is, accordingly, dismissed
with all pending applications.”
[Guru
Nanak Public School & Anr. Vs. Ruchi Malhotra & Anr., LPA No. 222/2024,
decided on 19.01.2024, Delhi High Court (DB)]
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