CHAIRMAN, ARYA GIRLS SENIOR SECONDARY SCHOOL Vs. DIRECTOR

JUDGEMENT

(1.) Present writ petition preferred by Chairman, Arya Girls Senior Secondary School (hereinafter referred to as 'School'), lays siege to the order dtd. 13/5/2011, passed by the Delhi School Tribunal (hereinafter referred to as 'Tribunal'), whereby Tribunal has quashed the dismissal order dtd. 14/2/1995 and granted relief of reinstatement to Respondent No.2. With regard to back-wages, in view of Rule 121(1) of the Delhi School Education Rules, 1973 (hereinafter referred to as 'DSE Rules'), Tribunal directed the School to constitute its Managing Committee, in accordance with the provisions of Rule 59 and take a decision thereon, within 3 months and communicate the same to Respondent No.2. School was a Respondent before the Tribunal and Respondent No.2 herein was the Appellant. Parties are referred to hereinafter as per their litigating status before this Court.

(2.) At the outset, it is relevant to note that the present writ petition was filed by the School, however, during the pendency of the writ petition, School was taken over by the Directorate of Education, being an aided School. An application dtd. 26/7/2019, being CM No.36871/2019, was filed on behalf of Respondent No. 1/Directorate of Education, stating therein that after the takeover of the School, there was no Management to defend the case and, therefore, to prevent any adverse order being passed, Directorate of Education be permitted to defend the case as a Petitioner. Vide order dtd. 19/8/2019, aforesaid application was allowed by the Court and Directorate of Education was allowed to prosecute the writ petition.

(3.) Factual narrative of the case, as set out by the School, is as under:-