SUSHMA NAYAR Vs. MANAGING COMMITTEE DELHI PUBLIC SCHOOL

JUDGEMENT

(1.) THE present petition is preferred by the Petitioner seeking, inter alia, a direction to quash the reemployment of Respondent No. 4 to the post of Vice Principal in the Respondent No. 1/school as well as for a direction and order restraining the Respondent No. 4 from continuing to function as Vice Principal after 30th April, 2009 purportedly on the latters superannuation.

(2.) THE brief facts necessary for adjudication of this writ petition are as follows:

(3.) MS. Indrani Ghosh, counsel appearing on behalf of the petitioner urged that the reemployment of the Respondent No. 4 up to the age of 62 years is illegal as the same is contrary to the Delhi school Education Act, 1973 (hereinafter Act of 1973) and the Delhi school Education Rules, 1973 (hereinafter Rules of 1973) and the directions issued by Respondent No. 2. In this behalf counsel for the petitioner relied on the provisions of Rule 110 (2) of the said Rules of 1973. Counsel for the Petitioner also urged that in response to an RTI application filed by the Petitioner the Respondent No. 2 had categorically replied that Respondent No. 4 had not been given any age relaxation of two years from February, 2009 by the said respondent and that the age relaxation is intended only for teachers pgts, TGTs up to 62 years of age and not for Vice principals/principals also.