DELHI TAMIL EDUCATION ASSOCIATION Vs. DIRECTORATE OF EDUCATION

JUDGEMENT

(1.) DELHI Tamil Education Association (hereinafter to be referred as the 'petitioner') is a linguistic minority registered society. The said society has established seven educational institutions for imparting education from Class I to Class XII primarily to the children belonging to Tamil population living in delhi. It has established seven schools in Mandir Marg, Pusa Road, Lodhi Road, r. K. Puram, Moti Bagh, Laxmi Bai Nagar and Janak Puri. These schools established by the petitioner society are recognized by the Government of NCT of Delhi and are receiving 95% grant from the Government. The petitioner society has appointed 33 Assistant Teachers in its schools w. e. f. 03. 07. 2007 pursuant to interviews held on 31. 01. 2007 and 01. 02. 2007. These teachers are stated to have not been paid their salary ever since their appointment till date for want of release of grant by the Government.

(2.) THE petitioner has filed the present writ petition seeking quashing of impugned communication dated 02. 08. 2007 received by it from the respondent whereby the clearance for appointment given vide order dated 06. 07. 2007 for filling up the vacant posts of teachers in the school of the petitioner society was suspended till further orders. The petitioner has further prayed for directions to the respondent to release the grant for payment of salaries to the newly appointed 33 teachers w. e. f. 03. 07. 2007.

(3.) THE brief facts of the case giving rise to this petition are as follows:-Several posts of teachers viz. PGTs, TGTs and Assistant Teachers were lying vacant in the schools run by the petitioner society. The Director of education (respondent herein) gave clearance to the petitioner vide its letter dated 21. 06. 2005 (Annexure-I at pages 34-35 of the paper book) for filling up 54 vacant posts of different categories of teachers in its schools as mentioned below:- <FRM>JUDGEMENT_2054_ILRDLH17_2008Html1.htm</FRM> The clearance for the above posts was accorded by the Director of education subject to the following conditions:-