ARCHANA CHUGH Vs. MANAGING COMMITTEE, RAMJAS SCHOOL

JUDGEMENT

(1.) BY this writ petition filed under Article 226 of the Constitution of India, the petitioner seeks the relief of setting aside of the impugned order dated 07.05.2014 passed by the respondents No.1 & 2/Ramjas School whereby the respondent No.4 has been appointed as an Officiating Principal (H.O.S.) of the School, and not the petitioner.

(2.) I put it to the learned counsel for the petitioner that which is the law or the valid rule or office order issued by the Directorate of Education under the relevant provisions of the Delhi School Education Act and Rules, 1973 which states that only a senior most teacher/PGT should be appointed as an Officiating Principal and nobody else. To this query, no pleading in the writ petition has been shown before me which pleads that by virtue of which specific provision of the Act or Rules, or because of a particular notification issued by the Directorate of Education under the said Act and Rules, the senior most PGT should be appointed as an Officiating Principal. Thus no legal cause of action is pleaded in the writ petition and in the absence of the same the writ petition is liable to be dismissed.

(3.) HOWEVER , counsel for the petitioner seeks to draw the attention of this Court to a note taken out in Dixit's School Manual, and which is filed not with the writ petition but with the rejoinder affidavit, and which note reads as under: -