Monday, January 22, 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)

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.

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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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Anuj Aggarwal

Advocate

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