DEVENDRA KUMAR UPADHYAYA, CJ. (ORAL)

1. Heard learned Counsel for the respective parties.

2. This Public Interest Litigation petition has been filed with the prayer to issue appropriate directions to the respondents to frame and notify necessary rules for smooth functioning of the Delhi School Tribunal [hereinafter referred to as the “Tribunal”] and for effective implementation and execution of its orders in the context of Section 8, 11 and 27 of the Delhi School Education Act, 1973 [hereinafter referred to as the “Act”].

3. To appropriately appreciate the concerns raised in this petition, we may refer to certain provisions of the Act.

4. The Act was enacted with the objective of providing for better organization and development of school education in the Union Territory of Delhi and the matters connected or incidental therewith. The Act contains various provisions for establishment, recognition and management of, and aid to the schools. It also lays down the terms and conditions of service of employees of the recognized private schools.

5. Section 8 of the Act provides terms and conditions of service of employees. Sub-section 2 of Section 8 of the Act provides that no employee of a recognized private school shall be either dismissed, removed or reduced in rank; nor shall his service be either terminated except with the prior approval of the Director of Education. Sub-section 3 of Section 8 of the Act provides that any employee who is dismissed, removed or reduced in rank may file an appeal against such order to the Tribunal constituted under section 11 of the Act. Section 8 (2) and 8 (3) of the Act are extracted herein below:

“8. Terms and conditions of service of employees of recognised private schools.

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(2) Subject to any rule that may be made in this behalf, no employee of a recognised private school shall be dismissed, removed or reduced in rank nor shall his service be otherwise terminated except with the prior approval of the Director.

(3) Any employee of a recognised private school who is dismissed, removed or reduced in rank may, within three months from the date of communication to him of the order of such dismissal, removal or reduction in rank, appeal against such order to the Tribunal constituted under section 11.”

6. Section 11 of the Act provides that the Administrator i.e. Hon’ble Lieutenant Governor of Delhi, shall constitute a Tribunal by way of issuing a notification, which shall be called “Delhi School Tribunal”. It further provides that such Tribunal shall consist of one person. Sub-section 6 of Section 11 of the Act vests with the Tribunal the same power as are vested in a Court of appeal by the Code of Civil Procedure, 1908 for the purpose of disposal of an appeal preferred under Section 8(3) of the Act. Section 11 of the Act reads as under:

“11. Tribunal.—(1) The Administrator shall, by notification, constitute a Tribunal, to be known as the “Delhi School Tribunal”, consisting of one person:

Provided that no person shall be so appointed unless he has held office as a District Judge or any equivalent judicial office.

(2) If any vacancy, other than a temporary absence, occurs in the office of the presiding officer of the Tribunal, the Administrator shall appoint another person, in accordance with the provisions of this section, to fill the vacancy and the proceedings may be continued before the Tribunal from the stage at which the vacancy is filled.

(3) The Administrator shall make available to the Tribunal such staff as may be necessary in the discharge of its functions under this Act.

(4) All expenses incurred in connection with the Tribunal shall be defrayed out of the Consolidated Fund of India.

(5) The Tribunal shall have power to regulate its own procedure in all matters arising out of the discharge of its functions including the place or places at which it shall hold its sittings.

(6) The Tribunal shall for the purpose of disposal of an appeal preferred under this Act have the same powers as are vested in a co