SHASHI GAUR Vs. NCT OF DELHI

JUDGEMENT

(1.) Leave granted.

(2.) The short question that arises for consideration in this appeal is, whether a teacher of a private school whose services stood terminated, not as a measure of penalty, but on account of the fact that he allegedly did not have the requisite qualification, could move the Delhi School Tribunal (hereinafter referred to as "the Tribunal") against the order of termination, constituted under Section 11 of the Delhi School "education Act, 1973 (hereinafter referred to as "the Act") or not.

(3.) The appellant being of the view that the impugned order would not come within the expression "dismissal, removal or reduction in rank" used in sub-section (3) of Section 8 of the Act, directly approached the High Court in a petition under Article 226 of the Constitution of India.