IN THE HIGH COURT OF DELHI
Chandra Dhari Singh, J.
Birpal Singh - Appellant
Versus
Nutan Marathi Senior Secondary School - Respondent
W.P.(C) 1901 of 2015 & CM Appl. 3402 of 2015
Decided On : 02-09-2022
| Table of Content |
|---|
| 1. factual background of d.p.c. processes (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. arguments regarding minority status and d.p.c. procedures (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 3. court's analysis of minority status under law (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38) |
| 4. legal basis for appointment under minority rights (Para 39 , 40 , 41 , 42 , 43) |
| 5. conclusion and dismissal of the petition (Para 44 , 45 , 46) |
JUDGMENT
Chandra Dhari Singh, J. The instant civil writ petition under Article 226 of the Constitution of India has been filed seeking appropriate writ, order, or direction for quashing the minutes of the Departmental Promotion Committee (hereinafter "D.P.C.") dated 19th December 2013, vide which Respondent no. 4 has been appointed as the Vice Principal of Nutan Marathi Senior Secondary School (hereinafter referred to as "School") on the recommendation of Respondent no.1 and Respondent no. 2.
FACTUAL MATRIX
2. The Respondent School is a government aided school under the Directorate of Education and is governed by the Delhi School Education Act and Rules, 1973 (hereinafter referred to as "DSEAR, 1973"). The Petitioner was appointed by the Selection Committee for the post of PGT (Maths) in the Respondent School on 15th July, 1994.
3. On 10th December, 2009, the post of the Vice Principal in the Respondent School fell vacant, as the then Vice Principal was promoted to the post of Principal. From December 2009 to May 2011, the post of the Vice Principal in the Respondent School was laying vacant. During this period, the Petitioner sent letters, representations, and reminders to the Respondents No. 1 to 3 to promote him to the said post. However, no decision was taken by the Respondent School regarding the promotion of the Petitioner to the said vacant post.
4. On 16th May, 2011, the office of the Respondent No. 3/Directorate of Education sent a letter to Respondent No. 1 and 2 directing the Respondent School to conduct the D.P.C. for the post of Vice Principal with effect from December 2009. On 21st January, 2012, a writ petition bearing W.P. (C) No. 502/2012 was filed by the Petitioner before this Court, wherein the Petitioner challenged the conduct of the Respondent School in not holding the D.P.C. for three years and praying for a direction in the nature of mandamus commanding the Respondents to hold the D.P.C. from 10th December 2009, when the post of Vice Principal fell vacant.
5. On 27th January, 2012, the Respondent School conducted D.P.C. meeting and the name of one Mrs. Binu Chaudhary was recommended for the post of Vice-Principal. The Respondent School also granted her relaxation in terms of Rule 97 of the DSEAR, 1973, as she was not a B. Ed. Degree holder in 2009, which was a requisite qualification for the said post, and appointed her on the post of Vice Principal.
6. On 16th November, 2012, the Respondent No. 3 vide its communication, rejected the said appointment of Mrs. Binu Chaudhary with retrospective effect as being in violation of Rule 97 of the DSEAR, 1973 and not being in accordance with the Recruitment rules. The communication dated 16th November 2012 was challenged by Mrs. Binu Chaudhary before this Court by way of filing W.P.(C) No 7562/2012.
7. On 1st November, 2013, both the W.P. (C) No. 502/2012 and W.P.(C) 7562/2012 came up for hearing and were jointly disposed of by the Coordinate Bench of this Court vide its common judgment dated 1st November, 2013, rejecting all the pleas and contentions raised by Mrs. Binu Chaudhary and directed the Respondent School to conduct a fresh D.P.C. within a period of six weeks for the post of Vice Principal with effect from December, 2009. The relevant portion of the order dated 1st November, 2013 is reproduced herein below:
"In view of the above discussion, the writ petition being W.P.(C) No. 7562/2012 will stand dismissed. The communications of the Director of Educa
Linguistic Minority Institutions are entitled to administer appointments autonomously under Article 30 of the Constitution, and the designation must be upheld in light of administrative integrity and....
Minority institutions have the constitutional right to appoint principals without state interference, recognizing their entitlement under Article 30 of the Constitution.
The eligibility criteria for appointment as an Officiating/Incharge Principal of an Intermediate College recognized and governed under the Intermediate Education Act, 1921.
The right of minority institutions to establish and administer educational institutions includes the right to appoint staff, which cannot be restricted by government regulations.
The main legal principle established in the judgment is that the right of a religious minority to administer an educational institution of its choice, including the appointment of a Headmaster, is of....
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