JUDGMENT

G. S. Singhvi, J.

1. This appeal is directed against order dated 10.4.2002 passed by the Division Bench of Delhi High Court whereby it allowed the writ petition filed by respondent Nos.1 and 2 and declared Section 12 of the Delhi School Education Act, 1973 (for short, ‘the Act’) ultra vires the provisions of the Constitution and in so far applicability of the exclusion clause contained therein is restricted to unaided minority institutions, that Section 8(2) of the Act is not applicable to minority institutions and set aside the direction given by Delhi School Tribunal (for short, ‘the Tribunal’) for reinstatement of the appellant with all consequential benefits.

2. Respondent No.1 is a registered society formed with the primary object of imparting education to the children belonging to Andhra community living in Delhi. Respondent No.2 is a private linguistic minority school established by respondent No.1 and is aided by the Government of Delhi to the extent of 95%. The appellant was appointed as Upper Division Clerk (UDC) by respondent Nos. 1 and 2 w.e.f. 25.1.1988. Her appointment was approved by the Director of Education, Delhi (hereinafter referred to as ‘the Director’