Pradeep Nandrajog, J.

1. State Council of Educational Research and Training, Delhi (hereinafter referred to as the ‘SCERT’) is an autonomous body established in the year 1988 as a society registered under the Societies Registration Act. It is a nodal agency recognized by the National Council of Teacher Education for admission, curriculum construction, course conduct, guidance, examination and certification of pre-service training programme in the area of pre-primary teacher education and elementary education. SCERT also oversees and provides necessary guidance towards effective functioning of nine District Institutes of Education and Training (hereinafter referred to as the ‘DIET’) of Delhi, which amongst other activities conducts two-year pre-service Diploma Course in Elementary Teacher Education.

2. The relevant ‘Rules and Regulations’ having bearing on the issues raised in the above captioned writ petitions of SCERT, Delhi are as under:-

“2. Definition: - In these Rules, unless the context otherwise required:

i) The ‘Council’ shall mean the State Council of Educational Research and Training, Delhi.

ii) The ‘Executive Committee’ shall mean the body which is constituted as such under Rule 26 as the Executive Committee of the Council.

iii) The ‘Administration’ shall mean the State Government of Delhi Administration.

Executive Committee

25. The Executive Committee shall be the Governing Body of the Council as described in the Memorandum of Association.

26. The affairs of the Council shall be administered, subject to the Rules and regulations and orders of the Council, by an Executive Committee which shall consist of the following:-

42. The Executive Committee shall have under its control the management of all the affairs and funds of the Council and shall have the authority to exercise all the powers as delegated by the Council from time to time.

43. REGULATIONS

i) With the previous approval of the Council, the Executive Committee shall have powers to frame and amend regulations; not inconsistent with these rules, for the administration and management of the affairs of the Council.

d) The terms and tenure of appointments, emoluments, allowances, rules of discipline and other conditions of the service of the officers and staff of the Council.

67. Terms and Tenure of Service of Academic Staff The terms and tenure of service of the academic staff at the Council shall remain the same as available for the academic staff of the National Council of Educational Research & Training.”(Emphasis Supplied)

3. In the month of November, 1989 the Department of Education, Ministry of Human Resource Development, Government of India issued guidelines regarding DIETs, the relevant portion whereof reads as under:-

“CHAPTER 6

OPERATIONALISING DIETs: PROJECT IMPLEMENTATION

6.2.4.2 Certain Guidelines regarding above matters Various key posts in the DIETs are recommended to be created at the following levels and in corresponding pay scales:-

(Emphasis Supplied)

4. On December 07, 1999, SCERT, Delhi issued a notification amending Regulation 67 of Rules and Regulations of SCERT, Delhi as follows:-

“The terms and tenure of service of Academic and other staff of the Council should remain the same as are available for the Academic and other staff of the Directorate of Education, GNCT of Delhi with such modifications that may be specifically adopted by the Executive Committee from time to time.”(Emphasis Supplied)

5. The hierarchical structure of Directorate of Education is as follows: - Deputy Director of Education <- Education Officer/Assistant Director <- Principal.

6. The hierarchical structure of SCERT is as follows: - Reader <-Sr. Lecturer <Lecturer.

7. In terms of afore-noted guidelines the post of Sr. Lecturer in DIET is treated as equivalent to the post of Principal of a Higher Secondary School. Furthermore, it is an undisputed fact that the post of Sr. Lecturer in SCERT is also treated as equivalent to the post of Principa