MANOHAR LAL Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) BY this writ petition, the petitioner who is a teacher in the Delhi Public School, Mathura Road, New Delhi (represented by respondent nos. 5 and 6 and hereinafter referred to as ,,respondent school), seeks the quashing of the letter dated 31.5.2012 issued by the respondent school approving extension of services of the respondent no.11, who is the Principal, for three years w.e.f 1.7.2012. The letter dated 31.5.2012 was issued by the respondent school pursuant to the order dated 30.5.2012 issued on behalf of respondent no.2 Director of Education. The petitioner questions the actions of continuation of the tenure of respondent no.11 as the Principal of the respondent school by questioning that action not only on the ground of invalidity of the order dated 30.5.2012 of the respondent no.2 but also on the ground that the same is beyond the scope of the notification of respondent no.2 dated 16.6.2008 issued by the respondent no. 2/Directorate of Education. Leaving aside the different types of prayers, in essence, petitioner states that respondent no.11 cannot be continued as a Principal in terms of the order dated 30.5.2012 of the respondent no.2 and the locus of the petitioner arises because if the respondent no.11 is not continued as a Principal, the petitioner would have an opportunity for being considered and appointed as the Principal of the respondent school.

(2.) THE heads of arguments urged on behalf of the petitioner are as under:

(3.) (i) At the outset let us examine the language of Rule 110 and its sub Rules because that language requires interpretation.