(1.) Rule. With the consent of all counsel, the writ petition is taken up today for final hearing.
(2.) The question involved in the present writ petition is whether the existence of a remedy under Section 8 of the Delhi Schools Education Act, 1973(hereinafter referred to as `the Act') bars an approach to this Court under Article 226 of the Constitution of India. The writ petition filed by the petitioner sought the quashing of a notice dated 7th January, 2003 issued purportedly under Section 25-F of the Industrial Disputes Act seeking to retrench the petitioner's services. The petitioner's main plea is that the impugned notice has been passed without prior approval of respondent No.1, Director of Education, NCT of Delhi as required by Section 8 (2) of Act. This Court issued notices in the writ petition and passed an Order dated 6th February, 2003, restraining the termination of the services of the petitioner.
(3.) Learned counsel for the respondent has cited the judgment of the Hon'ble Supreme Court in Shashi Gaur vs. NCT of Delhi & Ors. Reported as JT 2000 (10) SC 481 to contend that even the purported retrenchment challenged by this writ petition would fall under jurisdiction of Section 8 of the Act and therefore there is no bar to approach this Court under Article 226 of the Constitution. The Hon'ble Supreme Court laid down the following position of law in Shashi Gaur's case (supra):-