JUDGMENT

K.M. Joseph, J.

1. The Delhi School Education Act 1973 (hereinafter referred to as “the Act”) was promulgated on 9th April, 1973. In the very same year on the 31st December, 1973, the Delhi School Education Rules, 1973 were promulgated. The said Rules are referred to as “the Rules”. Chapter IV of the Act deals with the terms and conditions of Service of Employees of recognised Private Schools. What is relevant to the lis are Sections 8 and 11 of the Act, and they read as follows:

“8. Terms and conditions of service of employees of recognised private schools.—

(1) The Administrator may make rules regulating the minimum qualifications for recruitment, and the conditions of service, of employees of recognised private schools:

Provided that neither the salary nor the rights in respect of leave of absence, age of retirement and pension of an employee in the employment of an existing school at the commencement of this Act shall be varied to the disadvantage of such employee:

Provided further that every such employee shall be entitled to opt for terms and conditions of service as they were applicable to him immediately before the commencement of this Act.

(2) Subject to any rule that