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IN THE HIGH COURT OF DELHI
V. Kameswar Rao, J.
Victoria Girls Senior Secondary School, Delhi - Appellant
Versus
Director of Education - Respondent
W.P.(C) 6712 of 2020, CM Appls. 23321 of 2020, 34429 of 2020, 7444 of 2021 and 7445 of 2021
Decided On : 31-05-2021
JUDGMENT
V. Kameswar Rao, J.
CM. Nos. 7444/2021 & 7445/2021
These two applications have been filed by the respondents seeking condonation of 20 days delay in filing the counter-affidavit to the petition.
For the reasons stated in the application, delay of 20 days is condoned. Counter-affidavit is taken on record.
Applications stand disposed of.
W.P.(C) 6712/2020
1. The present petition has been filed by the petitioners with the following prayers:
"In view of the above-mentioned facts and circumstances, it is therefore prayed that this Hon'ble Court may be pleased to:
(a) Issue a writ of certiorari or any other writ, direction or order quashing the impugned order dated 10.09.2020 issued by Respondent No.1 as ultra vires and unconstitutional.
(b) Allow the Petitioners No. 2 to 4 to continue in reemployment till they attain the age of 62 years as approved by the Respondent No. 1.
(c) Pass any other order(s) in view of aforesaid facts and circumstances to meet the end of justice."
2. In substance, the challenge in this writ petition is to the order dated September 10, 2020 bearing No/PS/DE/2020/(`impugned order', for short) issued by the Office of Director of Education, Government of NCT of Delhi/respondent No.1. The impugned order reads as under:
"OFFICE OF DIRECTOR OF EDUCATION
GOVT. OF NCT OF DELHI
OLD SECRETARIAT, DELHI-110054
No/Ps/DE/2020/
ORDER
Dated:10.09.2020
SUBJECT: DISCONTINUING THE PROVISION OF RE-EMPLOYMENT IN R/O TEACHERS/VICE PRINCIPALS/PRINCIPALS
Whereas the system for Re-employment of Teachers was notified and later extended to Vice Principals and Principals in view of the large number of vacancies which existed at that time in the Directorate of Education.
And Whereas the Department has recently been able to fill a large number of vacant posts through Direct Recruitments.
As such the system of Re-Employment of Teachers/Vice Principals/Principals is no longer required.
Now, therefore, the provision of Re-Employment of Teachers/Vice Principals/Principals is discontinued with immediate effect. Accordingly, all types of Re-employment granted for the session 2020-21 in govt. and govt. aided schools shall cease to be in force with immediate effect and no re-employment shall be granted to the Teachers/Vice Principals/principals in govt. and govt. aided schools, henceforth.
UDIT PRAKASH RAI
DIRECTOR (EDUCATION)
xxx xxxx"
3. The petitioner No.1 herein is a senior secondary school established in the year 1868 at Delhi for the education of Christian minorities and it was affiliated to Central Board of Secondary Education in 1966. The petitioner No.1 school was granted minority status on September 03, 2008. The petitioner Nos.2, 3 and 4 are teachers working with the petitioner No.1 school who have been re-employed after attaining the age the superannuation in terms of Rule 110 of the DELHI SCHOOL EDUCATION RULES , 1973 (`DSE Rules', for short). Relevant portion of Rule 110 reads as under:
"110. Retirement age
(1) Except where an existing employee is entitled to have a higher age of retirement, every employee of a recognised private school, whether aided or not, shall hold office until he attains the age of 58 years.
Provided that the managing committee may grant extension to a teacher for a period not exceeding two years in the aggregate, if in the opinion of the managing committee such teacher is fit for such extension and has no mortal or physical incapacity which would disentitle him to get such extension:
Provided further that no such extension shall be granted in the case of a teacher of an aided school except with the previous approval of the Director:
(2) Notwithstanding anything contained in sub-rule (1), every teacher, laboratory assistant, Librarian, Principal or Vice-Principal employed in such school shall continue to hold office until he attains the age of 60 years:
....
xxx xxx xxx "
4. It is the case of the petitioners and as contended by Mr. Romy Chacko, learned counsel for the petitioners that vide t
The court held that the government may withdraw re-employment provisions for retired teachers according to policy changes, and that no vested rights were violated as re-employment was contingent upon....
The main legal point established in the judgment is that a policy decision to recall a previous decision, taken in the larger public interest, is valid and not unreasonable. The principle of legitima....
The word 'shall' in Rule 110(2) of the Delhi School Education Rules obligates schools to grant re-employment to teachers who retire after November 1 until April 30 of the following year, ensuring edu....
Education Law - Employment and Re-Employment - Age of Retirement - Proviso to Statute 16.24 (2) carves out an exception to the main provision, inasmuch as it provides that a teacher whose date of sup....
Re-employment of teachers is at the discretion of the employer and not a vested right; conduct of the teacher must be considered.
Pre-regularization service under scheme cannot count for cadre seniority; executive orders cannot override statutory recruitment rules.
Teachers have no inherent right to re-employment post-superannuation under the Delhi School Education Act, but may expect consideration based on professional merit.
The power of review/revision can only be exercised if provided under the statute. The reservation policy is not required to be followed in minority schools.
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