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2014 Supreme(Del) 1384

High Court of Delhi
PRADEEP NANDRAJOG & JAYANT NATH, JJ.
Hamdard Education Society & Another
Versus
Abdul Rehman & Others
LPA Nos. 508 & 945 of 2013
Decided On: 16-05-2014

Advocates appeared:
A.K. Singla, Sr. Advocate instructed by Deepak R. Dahiya, Indrani Ghosh, R2, Abdul Rehman, Megha Bharara, Ruchi Sindhwani, R. Dahiya, Nidhi Raman, Advocates, for Directorate of Education.

Headnote:

Delhi School Education Act, 1972 - Section 2(h), 2(t) - Rule 50, 59 of Delhi School Education Rules, 1973 - Appointment - Transfer - Employer - Employee - A.R. was appointed as a Lower Division Clerk in Rabea Girls Public School - His appointment was confirmed - Latter he was asked to HES (Hostel) of another school having separate and independent recognition from the competent authority - Employer-employee relationship in a recognized school is between the Managing Committee of the recognized school and the employee concerned - Society establishing the school is not the employer - Each and every school established by a parent society is an independent juristic entity having its own scheme of management and Managing Committee - Employees appointed by the Managing Committee of a school are not the employees of other schools - Held, employees of recognized schools are not serfs and their services cannot be transferred to another school - Clause 7 of the letter offering appointment puts a term of employment which is contrary to law - Employees of a recognized school bear employer-employee relationship with their Managing Committee - No employee can be transferred by an employer to work under another employer - Managing Committee of Rabea Girls Public School is the author of the document and any absurdity therein has to be resolved in favour of the employee for the reason contra Proferentem rule would so require - LPA No.508/2013 is dismissed - LPA No.945/2013 is allowed - Impugned order is set aside - A.R would be entitled to one set cost.

Judgment

Pradeep Nandrajog, J.

1. At the outset it may be noted that the two appeals as also the two writ petitions, orders passed wherein have given birth to the two appeals were litigated by the parties on the basis that Hamdard Education Society and the institutions established by it are not minority institutions and thus pertaining to the schools established by the Society which have been accorded recognition by the competent authority under the Delhi School Education Act, 1973, the provisions of the said Act and of the Delhi Education Rules, 1973 apply.

2. Hamdard Education Society has established a school named Rabea Girls Public School, which has been accorded recognition by the competent authority under the Delhi School Education Act, 1973 and thus the said Act and the Delhi School Education Rules, 1973 apply to the school. The Society has also established Hamdard Public School which also been accorded recognition by the competent authority.

3. The respondent of LPA No.508/2013 Abdul Rehman, who happens to be the appellant of LPA No.945/2013, was appointed as a Lower Division Clerk in Rabea Girls Public School with effect from September 01, 1992. In the letter offering appointment, vide clause 3 thereof, Abdul Rehman was informed that he would be on probation (period not indicated) and vide clause 4 he was informed that at the discretion of the management of the school the probation may be extended. Vide clause 6 he was informed that if he successful completes the probation he would be confirmed with the approval of the management. Vide clause 7 Abdul Rehman was informed that :

¡§You may require to teach in any branch of the school or any sister institution in Delhi (present or proposed to be established in future) run by the Hamdard Education Society.¡¨

4. Now, Abdul Rehman being appointed as a Lower Division Clerk, would obviously be unfit to teach any subject in any school and thus it is exfacie clear that clause 7 of the letter offering appointment issued to Abdul Rehman is the result of a mindless cut, copy and paste resorted to by picking a format of a letter offering appointment to a school teacher. What would be its effect shall be discussed by us at the appropriate stage of our opinion.

5. Rendering satisfactory service, Abdul Rehman was confirmed on successful completion of the probation period. He continued to work as a Lower Division Clerk in Rabea Girls Public School till when on June 20, 2013 an office order was issued directing him to report to the Director, (Administration & Academics) and join Hamdard Public School (Hostel), another school established by the Hamdard Education Society having separate and independent recognition from the competent authority under the Delhi School Education Act, 1973 and the Delhi School Education Rules, 1973.

6. He challenged the said order by filing a WP(C) 4095/2013, and succeeded when vide order dated July 12, 2013, following the opinion rendered by the learned Single Judge on May 01, 2013 in WP(C) No.8060/2007 Satbir Singh & Anr. vs.Delhi Sikh Gurudwara Managing Committee & Ors., the writ petition was allowed. The said order passed by the learned Single Judge has been challenged by the Hamdard Education Society as well as by Rabea Girls Public School in LPA No.508/2013.

7. The Principal of Rabea Girls Public School issued an order on November 27, 2013 directing Abdul Rehman to report for duty at HES Hostel, which we are given to understand is a hostel established by Hamdard Education Society and is directly managed by the Society and has no concern with the school.

8. Abdul Rehman challenged said order by and under W.P.(C) No.7629/2013 which has been dismissed by the learned Single Judge vide impugned order dated December 03, 2013.

9. Abdul Rehman has challenged the said order passed by the learned Single Judge under LPA No.945/2013.

10. We note that the order dated July 12, 2013 challenged in LPA No.508/2013 has been passed by the same learned Judge who has au

























































































































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