POORNA PRAJNA PUBLIC SCHOOL Vs. SANDEEP DAHIYA

JUDGEMENT

(1.) The instant appeal is directed against the Judgment dtd. 21/5/2025 passed by the learned Single Judge, allowing the writ petition filed by the Respondent No. 1, directing the Appellants to consider the Respondent No.1 in continuous service with all consequential benefits while quashing the Order dtd. 12/6/2024, whereby the Petitioner - Principal of the School was transferred from Poorna Prajna Public School, Vasant Kunj, New Delhi - 110070 ["PPPS-VK"] to Poorna Prajna Education Centre Sangameshwarpet, Chikmagalur, Karnataka ["PPEC"].

(2.) While quashing the impugned Order, learned Single Judge found that once an employee is appointed under any school run by society in Delhi, his service conditions are governed by Delhi School Education Act, 1973 ["Act of 1973"], and Rules framed thereunder and by virtue of impugned transfer order, he shall be deprived of the protection which are granted by the Act of 1973 and therefore held the order to be illegal and contrary to his terms of service.

(3.) Learned Senior counsel for the Appellants firstly, invited Court's attention towards the terms and conditions of the offer of promotion dtd. 23/4/2012 of the Respondent No. 1, and submitted that as per the terms of the aforesaid order, Respondent No. 1 was subjected to transfer and therefore, he could be transferred to any school run by the appellant society.