RAMANATH PANDEY Vs. DIRECTOR DIRECTORATE OF EDUCATION

JUDGEMENT

(1.) The Petitioner who was employed as a Trained Graduate Teacher ('TGT') in Sanskrit in Greenfields Public School ('GPS'), Vivek Vihar, Respondent No. 4, filed this writ petition on 15 th December, 1993 challenging an order dated 30 th July, 1993 passed by the Manager of the GPS Vivek Vihar informing him that he had been rendered surplus in the existing academic program and that his services were no more required with immediate effect.

(2.) The background facts are that the Petitioner was appointed as TGT Sanskrit in the GPS initially at Shahdara run by Greenfields Public Society ('Society'), Respondent No. 3, by a letter dated 16 th April 1984. After completion of probation the Petitioner was confirmed as TGT in Sanskrit in April 1986. GPS was allotted land at Vivek Vihar and shifted there. It was also accorded recognition under the Delhi School Education Act, 1973 ('DSEA'). The Petitioner states that he was elected as a representative of the employees on the Provident Fund Trust of GPS Vivek Vihar and raised issues about mismanagement and irregularities. In 1992 he was elected as the Secretary of the GPS Teachers' Welfare Association. According to the Petitioner this annoyed the school authorities. On 22 nd May 1993 he submitted a representation to the school authorities praying for release of the increment due to him. He submitted a further representation on 15 th July, 1993 and was threatened by the school authorities that his services would be terminated. Consequently the Petitioner filed a civil suit for a permanent injunction to restrain GPS Vivek Vihar from terminating his services. In the written statement filed in the said suit, GPS Vivek Vihar informed the court that it had already terminated the services of the Petitioner on 30 th July 1993 on the ground of his having been found surplus. Consequently on 14 th September 1993 the Petitioner withdrew the said suit. Thereafter the present writ petition was filed.

(3.) It is submitted by the Petitioner that the GPS Vivek Vihar had acted arbitrarily and illegally in terminating his services. As a recognised school it had to mandatorily seek prior permission of the Director of Education ('DoE'), Respondent No.1, in terms of Section 8 (2) DSEA. It also had to comply with Rule 120 of the Delhi School Education Rules, 1973 ('DSER'). The Petitioner submitted that despite a representation made by him on 1 st September 1993 to the DoE complaining about the illegal actions of Respondents 3 and 4, no action was taken against them.