MANAGING COMMITTEE Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) THIS writ petition is filed by the school challenging the order of the Delhi School Tribunal dated 16.12.2011 whereby the Tribunal while continuing with the termination of services of the respondent No.3 herein (appellant before the Delhi School Tribunal) imposed costs of Rs.10 lacs of which Rs.5 lacs was to be paid to the respondent No.3 herein and the balance Rs.5 lacs was to be deposited with the Legal Aid Committee of the High Court of Delhi. This challenge is laid by the school to the order of the Delhi School Tribunal limited to the aspect of imposition of costs of Rs.10 lacs as damages. Though there are two petitioners, I am for the sake of convenience referring to them as petitioner-school.

(2.) THE facts of the case are that respondent No.3 was appointed as TGT (Mathematics) in the petitioner-school firstly in the year 1999. Respondent No.3 after joining acquired B.Ed. qualification. At the time of joining as TGT (Mathematics), respondent No.3 only had done a diploma in Civil Engineering in the year 1987. He had thereafter cleared an examination of AMEIE. B.Ed. examination was cleared by him in the year 2001. After getting B.Ed. qualification, petitioner was given a fresh appointment letter dated 31.5.2002.

(3.) IT is an undisputed position which emerges from the record that the respondent No.3 did not have a bachelor's degree in Mathematics and he had only a diploma in Civil Engineering. The examination of AMEIE also did not have Mathematics because the subject in that course was Engineering Mathematics which is different from the Mathematics required to be taught in school. The finding of the Tribunal holding that respondent No.3 did not have qualifications for being appointed as TGT (Mathematics) is not challenged by respondent No.3 as no appeal has been filed by him.