( 1 ) LEAVE granted.

( 2 ) THE short question that arises for consideration in this appeal is, whether a teacher of a private school whose services stood terminated, not as a measure of penalty, but on account of the fact that he allegedly did not have the requisite qualification, could move the Delhi School Tribunal (hereinafter referred to as "the Tribunal") against the order of termination, constituted under Section 11 of the Delhi School "education Act, 1973 (hereinafter referred to as "the Act") or not.

( 3 ) THE appellant being of the view that the impugned order would not come within the expression "dismissal, removal or reduction in rank" used in sub-section (3) of Section 8 of the Act, directly approached the High Court in a petition under Article 226 of the Constitution of India.

( 4 ) A learned Single Judge of the High Court came to the conclusion that availability of an alternative remedy ousts the jurisdiction of the Court and, therefore, refused to interfere. The appellant approached the Division Bench in LPA and the order of the learned Single Judge having been confirmed, the appellant has approached this Court.

( 5 ) MR Das, the learned Senior Counsel appearing for