RUCHIKA RAI MADAN Vs. DIRECTORATE OF EDUCATION

JUDGEMENT

(1.) By this writ petition, Petitioner seeks a writ of certiorari quashing the suspension order dtd. 19/10/2022, show cause notice dtd. 16/11/2022 and charge-sheet dtd. 6/1/2023 as well as the order dtd. 4/2/2021, whereby representation of the Petitioner has been rejected. Writ of certiorari is sought for quashing order dtd. 18/1/2023 and communication dtd. 23/1/2023, regarding the claim of the Petitioner for subsistence allowance. Writ of mandamus is sought directing Respondent No. 2/Guru Harkishan Public School (New Delhi) Society (hereinafter referred to as the 'Society') to appoint the Petitioner as a Principal in any one of the 12 schools run by it as also a direction to the Society and Respondent No. 3/Delhi Sikh Gurdwara Management Committee ('DSGMC') to clear all arrears of Petitioner's salary, allowances etc. under 6th CPC w.e.f. 11/9/2015 and under 7th CPC w.e.f. 1/1/2016.

(2.) Factual matrix to the extent necessary and relevant is that pursuant to an advertisement issued by the Society for appointment to the post of Principal in the schools run by it, Petitioner made an application and after being successful in a rigorous round of interview on 9/5/2015 as well as after verification of her documents, including educational and experience certificates, Petitioner was offered appointment vide letter dtd. 11/9/2015 in pay band 15600-39100 with Grade Pay Rs.7600.00 and was directed to join duty immediately by reporting to the Director of the Society at the earliest. Petitioner joined on the same day and submitted a joining letter dtd. 11/9/2015. By a letter dtd. 12/11/2015, Society confirmed that Petitioner had reported for duty on 11/9/2015.

(3.) It is averred in the petition that from the date of appointment till 9/9/2016, Petitioner worked dedicatedly and devotedly and received appreciation and accolades for the tasks assigned and successfully accomplished by her. According to the Petitioner, a few months after her joining she started facing discrimination and harassment and was pressurised to tender resignation. Salary was also not regularly paid to her despite repeated requests. When the Petitioner refused to tender her resignation, the Society issued a letter dtd. 4/5/2016, alleging that Petitioner had not submitted her certificates pertaining to educational qualifications and experience in violation of Code of Conduct for Teachers set out under Rule 123 of Delhi School Education Act and Rules, 1973 (hereinafter referred to as the 'DSEAR') and had taken unauthorized leaves for few days in April, 2016. Petitioner responded by a letter dtd. 10/5/2016 denying the allegations and by way of abundant caution submitted attested photocopies of all her certificates and testimonials again. Not being satisfied with the documents submitted, the Society again called upon her to provide originals of the degree certificates of B.Com., M.Com. and B.Ed. along with marksheets for each year and the experience certificates of having served as TGT, PGT and Principal in various institutions by 26/5/2016.