ANITA SOHARU GULERIA Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) W.P.(C) No. 1845/2014

(2.) BY this writ petition filed under Article 226 of the Constitution of India, petitioner seeks directions against the respondent no.3/Army Public School that the petitioner be considered as confirmed/regularized in service on completion of third academic year from the year in which the petitioner was appointed. Petitioner places reliance on the ratio of the judgment delivered by this Court in the bunch of cases with the lead case being Writ Petition (C) No. 1439/2013 titled as Army Public School & Anr. vs. Narendra Singh Nain and Anr. decided on 30.8.2013 and which holds that schools cannot violate the spirit of the provisions of the Delhi Schools Education Act and Rules, 1973 (DSEAR 1973) by giving ad hoc/temporary/non -regular appointment although the requirements of Rule 105(3) of the Delhi School Education Rules, 1973 (hereinafter referred to as 'the Rules') are not met. This Court has in Narendra Singh Nain's (supra) case held qua the Army Public School itself that contractual appointments cannot continue indefinitely and such contractual appointees would be deemed to be confirmed in their posts because the school by giving artificial breaks and not confirming its employees would be acting illegally.

(3.) LET us at this stage refer to the relevant paras of the judgment in the case of Narendra Singh Nain (supra) which are paras 3 to 11, and which read as under: -