WINNIE SAMPSON Vs. LT. GOVR. OF DELHI

JUDGEMENT

(1.) This writ petition is filed by the petitioner, a nursery teacher in the respondent No.4/School, for quashing of the order dated 01.07.1997 whereby the petitioner's services from the school were dispensed with, with immediate effect.

(2.) THE facts as pleaded by the petitioner, are that she was appointed as a nursery teacher in the respondent No.4/School in the year 1987. Respondent No.4/School was a recognized school under the Delhi School Education Act, 1973. On account of mismanagement, the management of the school was taken over by the Director of Education/Administrator and who is now represented as respondent No.5. The Director of Education is sued as respondent No.3. On the Administrator taking charge of the school, and which taking over is under Section 20 of the Delhi School Education Act, 1973, the petitioner along with another teacher were not found to have the requisite qualification of a nursery teacher. Both the petitioner, and the other teacher Smt.Rajni Mehta were directed by an order issued by the respondent No.5 in September, 1995 to get the requisite qualifications. So far as the petitioner is concerned, she was said not to have 2 years diploma in NTT/Nursery Teachers Training, and therefore, by the Memorandum of September, 1995 she was directed to obtain the requisite qualification within two years. The petitioner by her letter dated 22.09.1995 did not challenge the requirements of obtaining the qualification as directed vide Memorandum of September 1995 of the respondent No.5, however, the petitioner asked that she should be given a period of four years for obtaining academic qualification of B.A. and B.Ed. Since the petitioner failed to obtain 2 years diploma in NTT within a period of two years from September, 1995, her services were terminated by the impugned Memorandum dated 01.07.1997.

(3.) THE respondents in their counter-affidavit have stated that petitioner did not have the necessary qualification, and therefore, she was issued the Memorandum of September, 1995 whereby she was required to get the necessary 2 year diploma of NTT, but she having failed to obtain that, her services were rightly terminated.