A K SUKHEJA Vs. INDIAN INSTITUTE OR TECHNOLOGY

JUDGEMENT

(1.) The challenge in this writ petition is to order dated 28th July, 1988 whereby respondent No. 3 Mrs. Krishna Devi Yadav has been appointed as the Acting Head Mistress in place of the petitioner.

(2.) Briefly stated the facts are that respondent No. 1 opened a Nursery School sometime in the year 1967. One Mrs. U. Banerji was appointed as its Head Mistress. According to the respondents the Head Mistress had bean provided by N.C.E.R.T. The case of the petitioner is that on 26th February, 1970' the seletion committee recommended four persons for appointment to the post. of Nursery Teachers at the initial starting salary of Rs. 126 p.m. The name of the petitioner was at Serial No. 3 and that of the respondent No. 3 was placed at Serial No. 4. The first two candidates who were selected did not join and the petitioner and the respondent No. 3 joined the said Nursery School. It is an admitted case that the name of the petitioner was placed above that of respondent No. 3 in this selection which was made for appointment of Nursery Teachers on a regular basis.

(3.) According to the petitioner she was the senior-most Nurses Teacher and during the absence of Mrs. U. Banerji she was always required to officiate as Head Mistress. This is evident from the order dated 18th July, 1983 issued under the signatures of Mrs. U. Banerji and countersigned by the Chairperson of the School in which it is stated that when Mrs. Banerji will be going out of Delhi "Mrs. A. Sukheja will be officiating as Head Mistress". There are other orders on the record in which it has been stated that in the absence of Mrs. U. Banerji the petioner will look after the duties of the Head Mistress.