MAMTA SHARMA Vs. DIRECTOR OF EDUCATION AND OTHERS

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution of India, the petitioner Smt. Mamta Sharma seeks the relief that she be directed to be reabsorbed as per Rule 47 of the Delhi School Education Rules, 1973 either in the respondent no. 3/school or in any other aided school of the respondent no. 2/Directorate of Education at the post of Assistant Teacher.

(2.) The facts of the case are that there is a dispute which has earlier arisen as to whether or not the petitioner herein was or was not an employee of the respondent no. 3/school, which is the Hanuman Mandir Middle/Senior Secondary School, or that the petitioner was only an employee of the unrecognized primary sections of the school and which was a separate school by the name of Hanuman Mandir Public School.

(3.) (i) With respect to the aforesaid dispute, parties reached the Delhi School Tribunal (DST), and the DST passed its judgment dated 30.4.1996 holding that in view of the documents filed by the petitioner herein and the respondent no. 3/school herein, before the DST, the petitioner herein, and who was the appellant before the DST, cannot be allowed to suffer a disadvantage of not being taken as a teacher of the respondent no. 3/Hanuman Mandir Middle/Senior Secondary School herein, and that the petitioner, appellant in the appeal before the DST, was held by the DST to be not an employee of the Hanuman Mandir Public School but an employee/teacher of Hanuman Mandir Middle/Senior Secondary School, i.e the respondent no. 3 herein, an aided school.