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2013 Supreme(Del) 2323

VALMIKI J.MEHTA
New Green Field School Saket – Appellant
Versus
Deputy Director of Edu. – Respondent


For the Appellant :Mr. Kirti Uppal, Sr. Adv. with Mr. Pushkar Sood, Mr. Arshad Ali , Mr. Dharmender Sharma, Advocates. For the Respondent: Ms. Navratn Chaudhary , Ms. T.Pongener, Advs. for R-1 , 2. Mr. P.S.Sharda, Adv. for R-3.

JUDGMENT :

Valmiki J. Mehta, J.

1. Petitioner-school by this writ petition impugns the orders dated 5.12.2002 and 6.10.2006 passed by the Deputy Director of Education-respondent no.1 and Director of Education-respondent No.2 respectively which direct payments be made to the respondent no.3-Ms. Shubh Chintika Malhotra of all monetary benefits payable to a teacher in a recognized school.

2. The dispute in the present case was with respect to respondent no.3 being transferred from a recognized school to an un-recognized school and the consequent dispute as to whether an employee of an unrecognized school is entitled to or not entitled to the benefits similar to the employees/teachers in recognized schools under the Delhi School Education Act and Rules, 1973. This issue is now no longer res integra as Division Bench of this Court in the case of Social Jurist, a Civil Rights Group Vs. GNCT & Ors. 147 (2008) DLT 729 has held that Delhi School Education Act and Rules, 1973 apply to all schools in Delhi, be they be recognized or unrecognized. Paras 12 to 15, 17 to 25, 29 and 33 of this judgment are relevant and the same read as under:-

“12. The material facts which provide the basis of the pre




































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