SANJIVAYYA MEMORIAL TRUST Vs. ANJU HARIT

JUDGEMENT

(1.) The question which the appellant urges in these two appeals is whether the reversal of an order of 24.07.2014, by which the Delhi School Tribunal dismissed the respondent/writ petitioner's appeal before it under Section 8(3) of the Delhi School Education Act, 1973 ("the Act") by the learned single judge, in a writ petition filed in that regard, is correct.

(2.) The brief facts are that the respondent/writ petitioner had approached the tribunal. The tribunal rejected his appeal, holding that the petitioner was an employee of an unrecognized school/appellant and the provisions of the Act do not apply to unrecognized schools.

(3.) The single judge noted an earlier decision about applicability of provisions of the Act to all schools, recognized and unrecognized, in Social Jurist, a Civil Rights Group Vs. GNCT &Ors. 147 (2008) DLT 729. That judgment had been distinguished by a later decision in Shaheed Udham Singh Smarak Shiksha Samiti (Regd.) and Ors. Vs. Suman Lata and Ors. (LPA 825-827/2013 decided on 12.08.2015). The impugned judgment further noted that the later decision in Shaheed Udham Singh Smarak (supra) was not followed, as it had not taken into account the observations in Social Jurist. The later decision in Samarth Shiksha Samiti v ShakultalaMaggo 229 (2016) DLT 01 specifically observed that the wide nature of the directions in Social Jurist (supra) clarified that the provisions of the Act had universal applicability and provided consequences for its breach. The following observations in Social Jurist (supra) were cited: