S P JAIN Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) The petitioner who possess a Masters Degree in Commerce from Agra University and B.Ed. from Darbhangha University appined for a post of T.G.T. in Ramjas Higber Secondary School at Hauz, Kazi, New Delhi in response to an advertisement. The Ramjas Higher Secondary School which is ran by the Ramjas Foundation is recognised and aided by Delhi Administration. The petitioner was appointed to this post after being selected by a Selection Committee in an interview on 11th October 1968. Subsequent to his appointment. the Directorate of Education took a view that the petitioner could not continue his services as a T.G.T. in the respondent's School because his B.Ed. degree from Darbhangha University was not recognised and, therefore, the Director of Education issued a direction to respondent no. 3 to terminate his services, however, an extention was sought for by respondent no. 3 Ramjas Foundation which was granted by the Directorate of Education. While the petitioner was still serving in the extended period one more post of P.G.T. was advertised in June 1969. The requisite qualifications for this post were M.Com. or M.A. with either :--

(2.) Since the petitioner had a degree in M.Com. and also three years teaching experience of Intermediate classes in the Manwar Inter College, Pilakhua, Meerut, he applied for the said post. His application was duly recommended by the then Principal of the respondent's School. The petitioner was appointed to this post after having been selected w.e.f. 10th July 1969. After an expiry of one year's probation period the petitioner was confirmed as P.G.T. (Commerce) on 10th July 1970. The appointment of the petitioner as a P.G.T. was also approved by the Director of Education. On 26th March 1973 the then Principal of the School informed the petitioner that the Principal of Marwar Inter Collets, Pilakhua, Meerut had vide his letter dated 20th February 1973 informed that the petitioner did not serve the institution as Commerce Lecturer from 1st August 1965 to 15th August 1968 as claimed by the petitioner. Correspondence ensued between the petitioner and the Principal of the respondent's School and also the Marwar Inter College, Pilakhua, Meerut which ultimately resulted in the impugned order dated 6th April 1974 whereby the petitioner was informed that since the petitioner did not possesses the requisite qualifications the Management had decided to replace the petitioner by a qualified teacher as provided under Rule 117(b) of the Delhi School Education Rules, 1973 (hereinafter referred to as the Rules). By another letter dated 15th April 1974 the petitioner was asked to deposit a sum of Rs. 29,109.55 by way of refund of payment made to the petitioner for the period from 10th July 1969 to 28th February 1973. The petitioner has challenged these orders dated 6th April 1974 and 15th April 1974 in this writ petition under Article 226 of the Constitution of India.

(3.) When the petition came up for hearing on 2nd August 1984. Talwar, J. referred the matter to Full Bench on the question of maintainability of the writ petition. On 30th October 1984 since the parties agreed to a particular course of action, the Full Bench foiBid it unnecessary to answer the reference. The terms as recorded by the Full Bench read thus :-