NEERJA JAIN Vs. BENGALI SENIOR SECONDARY SCHOOL

JUDGEMENT

(1.) THE respondent No.1 is a recognized School aided by the respondent No.2 Directorate of Education (DOE), Government of National Capital Territory of Delhi. The respondent No.2 DOE vide its letter dated 21st June, 2007 to the Manager of the respondent No.1 School conveyed the approval regarding creation / abolition of posts in the respondent No.1 School for the year 2006-07. One of the posts so approved was of a Post Graduate Teacher (PGT) in the subject of Computer Science.

(2.) THE respondent No.1 School vide advertisement published in the newspapers in April, 2009, invited applications for appointment to the post of PGT (Computer Science). The procedure for recruitment in private schools whether aided or not, as the respondent No.1 School is, is provided in Chapter-VIII of the Delhi School Education Rules, 1973. The respondent No.1 School vide letter dated 24th July, 2009 to the respondent No.2 DOE requested for nomination of a Subject Expert for inclusion in the Selection Committee (DPC) for selecting teachers in various disciplines including for PGT (Computer Science). The respondent No.2 DOE vide letter dated 10th August, 2009 to the respondent No.1 School conveyed the nomination of Subject Experts for various subjects. The name of Mrs. Mamta Sarin, Assistant Professor, Computer Science, Kirori Mal College, Delhi University was mentioned as Subject Expert for recruitment to the post of PGT (Computer Science). The DPC having been so constituted, the petitioner and the others who had applied for the post of PGT (Computer Science) were called to appear in the interview and the DPC in its Minutes of meeting held on 15th September, 2009 noted that the post of PGT (Lect.) Computer Science in the unreserved category is duly sanctioned and clearance to fill up the same had already been obtained from the respondent No.2 DOEvide letter dated 1st April, 2009. The DPC after interviewing eight candidates for the post of PGT (Computer Science), recommended a panel of two candidates for appointment to the said post with the name of the petitioner being first in the said panel.

(3.) IT is the case of the petitioner that under Rule 98(2) of the Delhi School Education Rules though every appointment made by the Managing Committee of an aided school shall, initially, be provisional and shall require the approval of respondent No.2 DOE but the proviso thereto provides that such approval of respondent No.2 DOE will be required only where the respondent No.2 DOE?s nominee was not present in the Selection Committee / DPC or in case there is difference of opinion amongst the members of the Selection Committee. It is contended that since the DPC pursuant to whose recommendation the petitioner was appointed had Mrs. Mamta Sarin as the nominee of respondent No.2 DOE, no such approval of the respondent No.2 DOE was required for the appointment of the petitioner.