SALWAN PUBLIC SCHOOL Vs. D K DASS

JUDGEMENT

(1.) The question raised in this petition has never yet, we believe, been decided and as it is of considerable importance, and has been fully argued before us, we think we sought not to delay giving our decision.

(2.) . The question is this. By Section 11 of the Delhi School Education Act, 1973 (Act No. 18 of 1973) the Administrator of the Union Territory of Delhi is impowered to constitute a School Tribunal to hear appeals. It is one man tribunal. Section 11, in so far as it is material, is in these terms. ' 11 (1) The Administrator shall, be notification, constitute a Tribunal, to be known as the "Delhi School Tribunal" consisting of one person; Provided that no person shall be so appointed unless he has held office as a District Judge or any equivalent judicial office.

(3.) The respondent, Mr. D.K. Dags, I.A.S., has been appointed as "Delhi School Tribunal" under section 11. The petitioner, Salwan Public School, challenges his appointment and says that an order be made 398 quashing his oppointment because he does not possess the legal qualifications for holding the office in question.