BRAHAM DUTT SHARMA Vs. N K ARORA

JUDGEMENT

(1.) The writ petition was initially filed by three petitioners, but by an order dated 16.12 1996 passed by a Division Bench of this court the names of petitioners No.2 & 3 were ordered to be deleted from the array of parties.

(2.) This writ petition is directed against the orders passed by the Director of Education. Delhi not granting approval to the appointment of the petitioner to the post of Upper Division Clerk in Alok Bharati Higher Secondary School, Khureji Khas.

(3.) The said Alok Bharati Higher Secondary School, Khureji Khas was recognised and aided w.e.f. 1.4.1975. The petitioner was appointed in the said school by the then Managing Committee of the school prior to the date of recognition granted to the said school. In pursuance of the provisions of Delhi School Education Act and Rules of 1973 which were in force w.e.f. 31.12.1993 all appointments and service conditions of every employee of an aided and recognised school are to be regulated in accordance with the provisions of the Act and the Rules framed thereunder. As per provisions of Rule 98 of the Delhi School Education Rules, 1973 every appointment made by the Managing Committee of an aided school would initially be provisional and would require the approval of the Director. Since the petitioner was appointed by the then Managing Committee of the School prior to the date from which Alok Bharati Higher Secondary School, Khureji Khas, was aided it became necessary to approve the appointment of the petitioner to the post of UDC. When the matter was placed before the appropriate authority for the grant of approval to his appointment the competent authority found that the petitioner had crossed the maximum age limit as prescribed under the Rules and was not eligible to be appointed as Upper Division Clerk in an aided school as per requirement of Rule 104 of Delhi School Education Rules, 1973 framed under Delhi School Education Act. 1973. In view of the fact that the petitioner w as over-aged and was unqualified, the competent authority did not grant any approval to his appointment to the post of UDC to which he was appointed by the then Managing Committee of the school prior to the date from which recognition was granted to the school by the respondent.