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SANJIB BANERJEE, W. DIENGDOH
Manjusree Dutta – Appellant
Versus
Sujata Deb Roy – Respondent
JUDGMENT
Sanjib Banerjee, CJ. - The appeal is directed against a judgment and order of January 28, 2020 by which the writ petition instituted by the first respondent has succeeded and, in effect, the writ court has held that in view of several previous instances of teachers in government-aided schools having been appointed at a time that they had crossed 35 years of age, the writ petitioner in this case is entitled to the same benefit.
2. The facts fall within a short compass. The writ petitioner, the present appellant and several others were engaged by the respondent school, which is government-aided, upon the school's perception that additional teachers, other than the posts sanctioned for the relevant subject, were necessary in view of the number of students in the school. The salary or honorarium or money that is paid to such teachers engaged in addition to the sanctioned posts, is not borne by the State and it is clearly a private affair of a particular school and the extent that it is able to afford to engage teachers outside the posts approved by the government. The government aid comes only in respect of the approved posts. The government is not involved in the process of sel
The central legal point established in the judgment is the importance of adherence to rules and regulations, the need for widespread publication of government decisions affecting government-aided sch....
The TET qualification acquired prior to the recruitment process met the eligibility criteria, and the corrigendum clarified the age relaxation, warranting the consideration of the petitioner's appoin....
The main legal point established in the judgment is that no further cause of action had accrued to the petitioners to re-agitate the matter, and that the liberty granted to the petitioners was circum....
Point of Law : As per Section 10 of the Delhi School Education Act, 1973, employees of private schools have to be considered at par with employees of government schools so far as grant of monetary be....
Though the rejection of the candidatures of the petitioners appear to be on the ground of not acquiring the TET qualification within a particular age, it is an admitted fact that all the petitioners ....
The expression used is “it is clarified”, meaning thereby that the same is clarificatory in nature and therefore, by the Rules of interpretation, the same would relate back to the notification which ....
The main legal point established is that the court considered the petitioners' long contractual service and the public interest in condoning the upper age limit, emphasizing the need for fair dealing....
Eligibility criteria for recruitment must be strictly adhered to, and any changes post-selection cannot retroactively affect concluded processes.
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