SUSHMA ARORA Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) THE two writ petitions have been filed by the teaching and non- teaching staff respectively of the respondents M.R.V. Model School, Sector 13, Dwarka, New Delhi and M.R.Vivekanand Model School, Mukhram Park, Tilak Nagar, Delhi, seeking mandamus to the respondent Directorate of Education of the Govt. of NCT of Delhi to ensure compliance by the said schools of the provisions of Section 10 of the Delhi School Education Act, 1973 (DSE Act) and Rule 125 of the Delhi School Education Rules, 1973 (DSE Rules). Notice of the petitions was issued. However on 7th July, 2008 the counsel for the petitioners withdrew the writ petitions with liberty to file a petition for the same relief before the Delhi School Tribunal.

(2.) THE petitioners thereafter filed applications for re-calling of the order dismissing the writ petition as withdrawn. Notice of the said applications was issued. THE petitioners thereafter filed other applications averring that the schools had initiated action of termination of services of some of the staff members. Vide order dated 17th February, 2009, status quo regarding the services of the petitioners was directed to be maintained. THE said interim order has led to the filing of the Cont.Case (C) 467/2009 and Cont.Case (C) 794/2010.

(3.) THOUGH no order has been made reviving the writ petitions but a perusal of the order sheet shows that the matter at least since 3 rd August, 2009 is being dealt as if the writ petitions stand revived and time has been sought and granted for filing counter affidavits and rejoinders. The counsel for the schools has also been appearing since 3 rd August, 2009 and the order sheets show that the plea as raised today that the writ petitions stand withdrawn and ought not to be revived was not raised. Had such a plea been raised, the orders for completion of pleadings would not have been made. The counsel for the schools also admits that in fact the counter affidavit was filed by the schools during the said time only. Again, if the stand of the schools had been that the writ petitions do not exist, the occasion for filing the counter affidavit would not have arisen.