Wednesday, October 31, 2007

Cause List for 01-11-2007

BEFORE MR. TALWANT SINGH
PRESIDING OFFICER
DELHI SCHOOL TRIBUNAL

1/11/2007

Misc. Proceedings (At 10:30 A.M.)

1. 47/2007 : Smt. Pooja Kapoor V/s The Managing Committee Saviour Convent Sr, Sec. School & Ors.

2. 05/2007 : Achint Kumar Ganguli V/s The Mamta Modern Education Society & Ors.

3. 46/2007 : Achint Kumar Ganguli V/s Mamta Modern Education Society & Ors.

4. 25/2007 : Smt. Mridul Sharma V/s Director of Education. & Ors.

Final Arguments (At 11:30 A.M.)

5. 12/1002 : Sh. Paras Nath Sharma V/s Delhi Public School & Ors.

6. 1/2002 : Sh. Bir Singh V/s Delhi Public School & Ors.

7. 3/1991 : Mrs. Usha Rani V/s Director of Education. & Ors.

8. 63/2002 : Mrs. Vandana V/s The Management , Remal Public School & ors.

9. 05/2003 : Mrs. Shayamashri Majumdar V/s Remal Public Sr. School & Ors.
.

Tuesday, October 30, 2007

Cause LIst 31-10-2007

BEFORE SHRI TALWANT SINGH: PRESIDING OFFICER
DELHI SCHOOL TRIBUNAL DELHI

31/10/2007


Misc. Proceedings (At 10:30 A.M.)

1. 35/2007 : Ms. Preeti Sodhi V/s Apeejay School & Ors.

Misc. Arguments (At 11:00 A.M.)

2. 30/2007 : Mrs. Gurpiari V/s Vansthali Public School & Ors.

3. 09/1999 : Mrs. Anjana Samnol V/s Apeejay School & Ors.

4. 15/1997 : Sh. Chatter Singh V/s Hansraj Model School & Ors.

5. 20/2004 : Ms Raj Gakhar V/s D A V Managing Committee Shaf & Ors.


Final Arguments (At 11:30 A.M.)

6. 25/1994 : Mrs. Veena Joshi V/s Managing Committee S D Public School & Ors.

7. 15/1999 : Smt. Poonam Vig V/s Sadhu Vaswani International School & Ors.

8. 22/1999 : Sh M K Aggarwal V/s Sadhu9 Vaswani International School & Ors.

9. 07/2004 : Sh. Rohtas Singh V/s Director of Education & Ors.

10. 26/2001 : Sh Dharmender Arora V/s Bal Bharati Public School & Ors.

11. 36/2003 : Sh. J S Chouhan V/s Bal Bharati Public School & Ors

Orders (At 4.00 P.M.)

12. 07/1997 : Mrs Suman Sharma V/s Gramin Sikshan Sanstha & Ors.

13. 08/1997 : Sh Yug Raj V/s Gramin Sikshan Sanstha & Ors.

14. 04/2001 : Ms Indu Bala V/s Guru Teg Bahadur Public School & Ors.

15. 03/2004 : Ms Rakhi Arora V/s D A V Cetenary Public School & Ors.

Monday, October 29, 2007

Cause List for 30/10/2007

BEFORE MR. TALWANT SINGH
PRESIDING OFFICER
DELHI SCHOOL TRIBUNAL

DELHI-110054

Misc. Proceedings (At 10:30 A.M.)

1. 40/2003: Ms. Indira Sharma V/s Heera Public School & Ors.

2. 18/2007 : Ms. Bharti Shounak V/s Director of Education & Ors.

3. 19/2007 : Smt. Rashi Sekhri V/s Director of Education & Ors.

4. 19/2006 : Mrs. Anita Saini V/s Director of Education & Ors.

5. 32/2006 : Smt. Kamal Saini V/s Director of Education & Ors.

Misc. Arguments (At 11:00 A.M.)

6. 20/1998 : Mrs. Priti Madan V/s Sumermal Jain Public School & Ors.

7. 24/2005 : Mrs. Manisha Sood V/s Bal Bharti Public School & Ors.

8. 21/2006 : Sh. Rajinder Goyal V/s Hansraj Model School & Ors.

9. 03/2007 : Sh. Arshad Mujib Ansari V/s Managing Committee Shafiq Memorial Sr. Sec. School & Ors.

10. 24/2007 : Smt. Ravinder Kaur Datta V/s Guru Nanak Public School & Ors.

Final Arguments (At 11:30 A.M.)

11. 08/1999 : Sh. Rakesh Chopra V/s Director of Education & Ors.

12. 25/2000 : Sh. Anirudh Kumar Pandey V/s Modern Public School & Ors.

13. 66/2002 : Mrs. Neeta Datta V/s Arwachin Bharti Bhawan Sr. Sec. School & Ors.

14. 45/2003 : Sh. Dipak Chandra V/s Savti Devi Memorial Sr. Sec. Vidya Mandir & Ors.

15. 28/2005 : Smt. Vijoya Chatterjee V/s Guru Angad Public School & Ors.

Final Arguments (At 2:00 P.M.)

16. 17/2002 : Sh. Raj Kumar V/s Delhi Jain Public School & Ors (four Cases)

Friday, October 26, 2007

Daily Cause Lists on Blog

We will make sincere efforts to ensure that the cause lists are uploaded one day in advance on our blog.

Thursday, October 25, 2007

Cause List for 29/10/2007


BEFORE MR. TALWANT SINGH
PO: DELHI SCHOOL TRIBUNAL

Misc. Proceedings (At 10:30 A.M.)

1. 18/2004 : Ms Shashi Chawla V/s S M Arya Public School & Ors.

Misc. Arguments (At 11:00 A.M.)

2. 3/2004 : Ms Rakhi Arora V/s D A V Cetenary Public School & Ors.

3. 17/2004 : Mrs. Khima Devi V/s Ravindra Memorial Public School & Others

4. 39/2007 : The Managing Committee of Rattan Devi Arya G S S School & Ors.

Final Arguments (At 11:30 A.M.)

5. 15/2000 : Sh Kushal Singh V/s Mont Fort Sr. Sec. School & Ors.

6. 04/2002 : Sh. Jagdish Kumar & Orthers V/s Amar Public School & Ors. (6 Cases)

7. 11/2006 : Mrs Anupama Arora V/s S M Arya Public School & Ors.

Orders (4.00 P.M)

8. 10/1979 : Sh. Sri Niwas V/s D C M Cloth Mills Sr Sec School & Ors.

9. 12/1998 : Mrs Rita Saklani V/s S M Arya Public School & Ors.

10. 34/2007 : Sh Rakesh Kumar V/s Director of Education & Ors.

Wednesday, October 24, 2007

Delhi School Education Act, 1973

The Delhi School Education Act, 1973
(Act No. 18 of 1973)
[9th April, 1973]

An Act to provide for better organisation and development of school education in the Union Territory of Delhi and for matters connected therewith or incidental thereto.

Be it enacted by Parliament in the Twenty-fourth Year of the Republic of India as follows:

CHAPTER I
PRELIMINARY

1. Short title, extent and commencement- (1) This Act may be called the Delhi School Education Act, 1973.
(2) It extends to the whole of the Union territory of Delhi.
(3) It shall come into force on such date as the Administrator may, by notification, appoint and different dates may be appointed for different provisions of this Act, and any reference to the commencement of this Act in relation to any provision thereof shall be construed as a reference to the date on which that provision comes into force.

2. Definitions- In this Act, unless the context otherwise requires:-
a) "Administrator" means the Administrator of the Union Territory of Delhi appointed by the President under article 239 of the Constitution;
b) "Advisory Board" means the Board referred to in section 22;
c) "Aid" means any aid granted to a recognised school by the Central Government, Administrator, a local authority or any other authority designated by the Central Government, Administrator of a. local authority;
d) "Aided School" means a recognized private school which is receiving aid in the form of maintenance grant from the Central Government, Administrator or a local authority or any other authority designated by the Central Government Administrator or a local authority;
e) "appropriate authority" means :-
i. in the case of a school recognised or to be recognised by an authority designated or sponsored by the Central Government, that authority;
ii. in the case of a school recognised or to be recognised by the Delhi Administration, the Administrator or any other officer authorised by him in this behalf;
iii. in the case: of a school recognised or to be recognised Municipal Corporation of Delhi, that Corporation;
iv. in the case of any other school, the Administrator or any other officer authorized by him in this behalf;
f) "Delhi" means the Union Territory of Delhi;
g) "Director" means; the Director of Education, Delhi, and includes any other officer authorised by him to perform all or any of the functions of the Director under the act;
h) "employee" means a teacher and includes every other employee working in a recognized school;
i) “existing employee” means an employee of an existing school who is employed in
such school immediately be fore the commencement of this Act, and includes an employee who was employed in such school for a period of not less than twelve months immediately preceding the 2nd day of September, 1972.
j) "existing school" means a recognised private school which is in existence at the commencement of this Act;
k) "Head of school" means the principal academic officer, by whatever name called, of a recognised school;
l) "Local authority" means,-
i. in relation to an area Within the local limits of the Municipal Corporation of Delhi, that Corporation;
ii. in relation to an area within the local limits of the New Municipal Committee, that Committee;
iii. in relation to an area within the local limits of the Delhi Cantonment Board, that Board;
m) "manager" in relation to a school, means the person, by whatever name called, who
is entrusted, either on the date on which this Act comes into force or, as the case may be, under a scheme of management made under section 5, with the management of the affairs of that school;
n) "managing committee" means the body of individuals who are entrusted with the management of any recognised private school;
o) "minority school" means a school established and administer, a minority having the right to do so under clause (1) of article the Constitution;
p) "notification" means a notification published in the Official Gazette;
q) "prescribed" means prescribed by rules made under this Act;
r) "private school" means a school which is not run by the Central Government, Administrator, a local authority or any other authority designated or sponsored by the Central Government Administrator or a local authority;
s) public examination" means an examination conducted by the Central Board of Secondary Education, Council for Indian School Certificate Examinations or any other Board which may hereafter be established for the purpose, and recognised by the Administrator or any other officer authorised by him in this behalf;
t) "recognised school" means a school recognised by the appropriate authority;
u) "school" includes a pre-primary, primary, middle and higher secondary school, and also includes any other institution which imparts education or training below the degree level, but does-not include an institution which imparts technical education;
v) "school property" means all moveable and immovable property belonging to, or in the possession of, the school and all other rights and interests in, or arising out of, such property, and includes land, building and its appurtenances, playgrounds, hostels, furniture, books, apparatus, maps, equipment, utensils, cash, reserve funds, investments and bank balances;
w) "teacher" includes the Head of school;
x) "unaided minority school" means a recognised minority school which does not receive any aid.

CHAPTER II
ESTABLISHMENT, RECOGNITION, MANAGEMENT OF, AND AID TO SCHOOLS

3. Power of Administrator to Regulate Education in Schools- (1) The Administrator may regulate education in all the schools in Delhi in accordance with the provisions of this Act and the rules made thereunder.
(2) The Administrator may establish and maintain any school in Delhi may permit any person or local authority to establish and maintain any school ill Delhi, subject to compliance with the provisions of this Act and the rules made thereunder.
(3) On and from the commencement of this Act and subject to the provisions of clause (1) of Article 30 of the Constitution, the establishment of a new school or the opening of a higher class or the closing down of an existing class in any existing school in Delhi shall be subject to the provisions of this Act and the rules made thereunder and any school or higher class established or opened than in accordance with the provisions of this Act shall not be recognised by the appropriate authority.

(4) Recognition of schools- (1) The appropriate authority may on application made to it in the prescribed form and in the prescribed manner, recognise any private school:
Provided that no school shall be recognised unless-
a) it has adequate funds to ensure its financial stability and payment of salary and allowances to its employees;
b) it has a duly approved scheme of management as required by section 5
c) it has suitable or adequate accommodation and sanitary facilities having regard, among other factors, to the number, age and sex of the pupils attending it;
d) it provides for approved courses of study and efficient instruction
e) it has teachers with prescribed qualifications; and
f) it has the prescribed facilities for physical education, library service, laboratory work, workshop practice or co-curricular activities.
(2) Every application for recognition of a school shall be entertained and considered by the appropriate authority and the decision thereon shall be communicated to the applicant within a period of four months from the date of receipt of the application; and where recognition is not granted, the reasons for not granting such recognition shall also be communicated to the applicant with the said period.
(3) Where recognition to a school is refused, any person aggrieved by such refusal may, within thirty days from the date of communication to him, of such refusal, appeal against such refusal, in the prescribed manner, to the prescribed authority and the decision of the prescribed authority thereon shall be final :
Provided that the prescribed authority may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of thirty days, extend, for reasons to be recorded by it in writing, the said period by a further period of sixty days.
(4) Where the managing committee of a school obtains recognition by fraud, misrepresentation or suppression of material particulars, or where, after obtaining recognition, the school fails to continue to comply with any of the conditions specified in the proviso to sub-section (1), the authority granting the recognition may, after giving the managing committee of the school a reasonable opportunity of showing cause against the proposed action, withdraw the recognition granted to such school under sub-section (1).
(5) The recognition granted under sub-section (1) shall not, by itself, entitle any school to receive aid.
(6) Every existing school shall be deemed to have been recognised under this section and shall be subject to the provisions of this Act and the rules made thereunder:
Provided that where any such school does not satisfy any of the conditions specified in the proviso to sub-section (1), the prescribed authority may require, the school to satisfy such conditions and such other conditions as may be prescribed, within a specified period and if any such condition is not satisfied, recognition may be withdrawn from such school.
(7) Every school, whose recognition is withdrawn under sub-section (4) or sub-section (6), may appeal to the prescribed authority, who shall dispose of the appeal Within six months from the date of presentation of the appeal in such manner as may be prescribed, and if the appeal is not disposed of within that period, the order for the withdrawal of recognition shall, on the expiry of the said period of six months, stand cancelled.
(8) On hearing an appeal preferred under sub-section (3) or sub-section (7), the prescribed authority may, after giving the appellant a reasonable opportunity of being heard, confirm, modify or reverse an order appealed against.

5. Scheme of management- (1) Notwithstanding anything contained in any other law for the time being in force or in any instrument having effect by virtue of any such law, the managing committee of every recognised school shall make, in accordance with the rules made under this Act and with the previous approval of the appropriate authority, a scheme of management for such school:
Provided that in the case of a recognised private school which does not " receive any aid, the scheme of management shall apply with such variations and modifications as may be prescribed:
Provided further that so much of this sub-section as relates to the previous approval of the appropriate authority, shall not apply to a scheme of management for an unaided minority school.
(2) a scheme may be made, in like manner, to add, to vary or modify any scheme made under sub-section (1).

6. Aid to recognised schools - (1) The Central Government may, after the due appropriation made by Parliament by law in this behalf and subject to such conditions as may be prescribed, pay to the Administrator, for distribution of aid to recognised private schools, not being primary schools recognised by a local authority, such sums of money as that Government may consider necessary:
Provided that no existing school receiving, immediately before the commencement of this Act, aid shall be eligible for the continuance of such aid unless it complies, within such period as may be specified by the Director, with the conditions specified in the proviso to sub-section (1) of section 4.
(2) The authority competent to grant the aid may stop, reduce or suspend aid for violation of any of the conditions prescribed in this behalf.
(3) The aid may cover such part of the expenditure of the school as prescribed.
(4) No payment, out of the aid given for salary, allowances and pro fund of employees of the school, shall be made for any other purpose.
(5) No aid shall be given to a school the management of which has taken over under section 20.
(6) No unrecognised school shall be eligible to receive any aid or any benefit made available to private schools by the Administrator or any agency of the Administrator.


CHAPTER III
SCHOOL PROPERTY

7. School Property- (1) The management of every aided school shall furnish to the appropriate authority, initially, at the time of grant of aid and thereafter annually, a statement containing a list of school property together, such particulars as may be prescribed.
(2) Notwithstanding anything contained in any other law for the time being in force, no transfer, mortgage or lease of any movable immovable property of an aided school, not being the property specified in the rules, shall be made except with the previous permission of the appropriate authority:
Provided that where the appropriate authority omits or fails to dispose of the application for such permission within sixty days from the date of receipt of the application in this behalf, the permission shall, on the expiry of the said period of sixty days, be deemed to have been granted.
(3) Any person aggrieved by the grant or refusal of permission under sub-section (2) may prefer, in such form and within such time as may be prescribed, appeal to the Administrator against such grant or refusal of permission and the decision of the Administrator thereon shall be final.
(4) Any transaction made in contravention of the provisions of sub-section (3), or as the case may be, decision of the Administrator, shall be void.


CHAPTER IV
TERMS AND CONDITIONS OF SERVICE OF EMPLOYEES OF RECOGNISED PRIVATE SCHOOLS

8. Terms and conditions of service of employees of recognised private schools- (1) The Administrator may make rules regulating the minimum qualifications for recruitment, and the conditions of service, of employees of recognized private schools:
Provided that neither the salary nor the rights in respect of leave of absence, age of retirement and pension of an employee in the employment of an existing school at the commencement of this Act shall be varied to the disadvantage of such employee:
Provided further that every such employee shall be entitled to opt for terms and conditions of service as they were applicable to him immediately before the commencement of this Act.
(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.
(4) Where the managing committee of a recognised private school intends to suspend any of its employees, such intention shall be communicated to the Director and no such suspension shall be made except with the prior approval of the Director:
Provided that the managing committee may suspend an employee with immediate effect and without the prior approval of the Director if it is satisfied that such immediate suspension is necessary by reason of the gross misconduct within the meaning of the Code of Conduct prescribed under section 9, of the employee:
Provided further that no such immediate suspension shall remain in force for more than a period of fifteen days from the date of suspension unless it has been communicated to the Director and approved by him before the expiry of the said period.
(5) Where the intention to suspend or the immediate suspension of an employee is communicated to the Director, he may, if he is satisfied that there are adequate and reasonable grounds for such suspension, accord his approval to such suspension.

9. Employees to be governed by a Code of Conduct- Every employee of a recognised school shall be governed by such Code of Conduct as may be prescribed and on the violation of any provision of such Code of Conduct, the employee shall be liable to such disciplinary action as may be prescribed.

10. Salaries of employees- (1) The scales of pay and allowances, medical facilities, pension, gratuity, provident fund and other prescribed benefits of the employees of a recognised private school shall not be less than those of the employees of the corresponding status in school run by the appropriate authority:
Provided that where the scales of pay and allowances, medical facilities, pension, gratuity, provident fund and other prescribed benefits of the employees of any recognised private school are less than those of the employees of the corresponding status in the schools run by the appropriate authority, the appropriate authority shall direct, in writing, the managing committee of such bring the same up to the level of those of the employees of the corresponding status in schools run by the appropriate authority:
Provided further that the failure to comply with such direction deemed to be non-compliance with the conditions for continuing recognition of an existing school and the provisions of section 4 shall apply accordingly.
(2) The managing committee of every aided school shall deposit month, every month, its share towards pay and allowances, medical facilities, pension, gratuity, provident fund and other prescribed benefits with the Administrator and the Administrator shall disburse, or cause to be disbursed, within the first week of every month, the salaries and allowances to the employees of the aided schools.

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 presiding officer of the Tribunal, the Administrator shall appoint another person, in accordance with the provisions of this section, to fill the vacancy ant proceedings may be continued before the Tribunal from the stage at which vacancy is filled.
(3) The Administrator shall make available to the Tribunal such staff as! 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 sitting.
(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 court of appeal by the Code of Civil Procedure, 1908, (5 of 1908) and shall also have the power to stay the operation of the order appealed against on such terms as it may think fit.

12. Chapter not to apply to unaided minority schools- Nothing contained, in this Chapter shall apply to an unaided minority school.


CHAPTER V
PROVISIONS APPLICABLE TO UNAIDED MINORITY SCHOOLS

13. Power to prescribe minimum qualifications for recruitment- The Administrator may make rules regulating the minimum qualifications for, and method of, recruitment of employees of unaided minority schools:
Provided that no qualification shall be varied to the disadvantage of an to existing employees of an unaided minority school.

14. Power to prescribe Code of Conduct- Every employee of an unaided minority school shall be governed by such Code of Conduct as may be prescribed.

15. Contract of service- (1) The managing committee of every unaided minority school shall enter into a written contract of service with every employee of such school:
Provided that if, at the commencement of this Act, there is no written contract of service in relation to any existing employee of an unaided minority school, the managing committee of such school shall enter into such contract within a period of three months from such commencement:
Provided further that no contract referred to in the foregoing proviso shall vary to the disadvantage of any existing employee the term of any contract subsisting at the commencement of this Act between him and the school.
(2) A copy of every contract of service referred to in sub-section (1) shall be forwarded by the managing committee of the concerned unaided minority school to the Administrator who shall, on receipt of such copy, register it in such manner as may be prescribed.
(3) Every contract of service referred to in sub-section (1) shall provide for the following matters, namely:
a) the terms and conditions of service of the employee, including the scale of pay and other allowances to which he shall be entitled ;
b) the leave of absence, age of retirement, pension and gratuity, or, contributory provident fund in lieu of pension and gratuity, and medical and other benefits to which the employee shall be entitled;
c) the penalties which may be imposed on the employee for the violation of any Code of Conduct or the breach of any term of the contract entered into by him;
d) the manner in which disciplinary proceedings in relation to the employee shall be conducted and the procedure which shall be followed before any employee is dismissed, removed from service or reduced in rank;
e) arbitration of any dispute arising out of any breach of contract between the employee and the managing committee with regard to the scales of pay and other allowances,
ii leave of absence, age of retirement, pension, gratuity, provident fund, medical and other benefits,
iii any disciplinary action leading to the dismissal or removal from service or reduction in rank of the employee;
f) any other matter which, in the opinion of the managing committee, ought to be, or may be, specified in such contract.


CHAPTER VI
ADMISSION TO SCHOOLS AND FEES

16. Admission to recognised schools- (1) A child who has not attained age of five years, shall not be admitted to class I, or an equivalent class or any class higher than class I, in a recognised school.
(2) A student seeking admission for the first time in a recognised school in a class higher than class I shall not be admitted to that class if his age reduced by the number of years of normal school study between that class and class I or an equivalent class, falls short of five years.
(3) Admission to a recognised school or to any class thereof shall be regulated by rules made in this behalf.

17. Fees and other charges- (1) No aided school shall levy fee or collect any other charge or receive any other payment except those specified by the Director.
(2) Every aided school having different rates of fees or other charges or different funds shall obtain prior approval of the prescribed authority before levying such fees or collecting such charges or creating such funds.
(3) The manager of every recognised school, shall before the commencement of each academic session, file with the Director a full statement of the fees to be levied by such school during the ensuing academic session, and except wit the prior approval of the Director, no such school shall charge, during that academic session, any fee in excess of the fee specified by its manager in the said statement.

18. School Fund- (1) In every aided school, there shall be a fund, to be called the "School Fund" and there shall be credited thereto-
(a) any aid granted by the Administrator,
(b) income accruing to the school by way of fees, charges or other payments, and (c) any other contributions, endowments and the like.
(2) The School Fund and all other fund, including the Pupils' Funds, established with the approval of the Administrator, shall be accounted for and operated in accordance with the rules made under this Act.
(3) In every recognised unaided school, there shall be a fund, to be called the "Recognised Unaided School Fund", and there shall be credited thereto income accruing to the school by way of
a) fees,
b) any charges and payments which may be realised by the school for other specific purposes, and
c) any other contributions, endowments, gifts and the like.
(4) (a) Income derived by unaided schools by way of fees shall be utilized only for such educational purposes as may be prescribed; and
(b) Charges and payments realised and all other contributions, endowments and gifts received by the school shall be utilised only for the specific purpose for which they were realised or received.
(5) The managing committee of every recognised private school shall file every year with the Director such duly audited financial and other returns as may be prescribed, and every such return shall be audited by such authority as may be prescribed.

19. Affiliations- (1) For the purpose of any public examination every recognised higher secondary school shall be affiliated to one or more of the Boards or Council conducting such examination and shall fulfill the conditions specified by the Board or Council in this behalf.
(2) The students of recognised higher secondary schools shall be prepared for, and presented to, the public examinations or such other form of evaluation held or made for the students of such schools.
(3) The students of every recognised middle school shall be prepared for, and presented to, such public examination as may be held by the Directorate of Education, Delhi, for the students of such schools.
(4) Every student of a recognised primary school shall be prepared for, and presented to, the public examination held by a local authority competent to hold such examination for the students of such schools.


CHAPTER VII
TAKING OVER THE MANAGEMENT OF SCHOOL

20. Taking over the management of schools- (1) Whenever the Administrator is satisfied that the managing committee or manager of any school, whether recognised or not, has neglected to perform any of the duties imposed on it by or under this Act or any rule made thereunder and that it is expedient in the interests of school education to take over the management of such school, he may, after giving the managing committee or the manager of such school, a reasonable opportunity of showing cause against the proposed action, take over the management of such school for a limited period not exceeding three years :
Provided that where the management of a school has been taken over for a period of three years or less, the Administrator may, if he is of opinion that in order to secure proper management of the school it is expedient that such management should continue to be in force after the expiry of the said limited period, he may, from time to time, issue directions for the continuance management of such management for such period not exceeding one year at a time as he may think fit, so however, that the total period for which such management is taken over shall not, in any case, exceed five years.
(2) Whenever the management of any school is taken over under sub-section (I), every person in charge of the management of such school immediately before its management is taken over, shall deliver possession of the school property to the Administrator or any officer authorised by him in this behalf.
(3) After taking over the management of any school under this section, the Administrator may arrange to manage the school through the Director or any other person authorised by the Director in this behalf (hereinafter referred to as the "authorised officer").
(4) Where the management of any school has been taken over under sub-section (1), the managing committee or manager of such school may, within three months from the date of taking over, appeal to the Administrator, who may after considering the representation made by the managing committee or the manager, pass such orders, including an order for the restorations of the management or for the reduction of the period during which the management of such school small remain vested in the Administrator, as he may deem fit.
(5) Where the management of a school has been taken over under section, the Administrator shall be pay such rent as may be payable for building of the school to the person entitled to receive it as was being paid by managing committee or the manager immediately before the management such school was taken over.
(6) During such period as any school remains under the management of authorised officer:
a) the service conditions, as approved by the Administrator, of employees of the school who were in employment immediately before the date on which the management was taken over, shall not be varied to their disadvantage;
b) all educational facilities which the school had been affording immediately before such management was taken over, shall continue be afforded;
c) the School Fund, the Pupils' Fund and the Management Fund and any other existing fund shall continue to be available to the authorised officer for being spent for the purposes of the school; and
d) no resolution passed as any meeting of the managing committee of such school shall be given effect to unless approved by the Administrator.

21. Section 20 not to apply to minority schools- Nothing contained in section 20 shall apply to any minority school.


CHAPTER VIII
MISCELLANEOUS

22. Delhi Schools Education Advisory Board- (1) There shall be an Advisory Board for school education, to be called the "Delhi School Education Advisory Board" for the purpose of advising the Administrator on matters of policy relating the education in Delhi.
(2) The Advisory Board shall be constituted by the Administrator and shall consist of a Chairman and fourteen other members, to be nominated by the Administrator.
(3) The Advisory Board constituted under sub-section (2) shall include
a) Heads of recognised private schools;
b) representatives of the organisations of teachers of the recognized private schools;
c) managers of the recognised private schools;
d) representatives of parents or guardians of students of recognized private schools; and
e) eminent educationists.
(4) The Advisory Board shall regulate its own procedure.
(5) The terms of office of every member of the Board and travelling and other, allowances payable to a member of the Board shall be such as may be prescribed.

23. Delegation of powers- (1) The Administrator may delegate all or any of his powers, duties and functions under this Act to the Director or any other officer.
(2) Every person to whom any power is delegated under sub-section (1), may exercise that power in the same manner and with the same effect as if such power had been conferred on him directly by this Act a and not by way of delegation.

24. Inspection of schools- (1) Every recognised school shall be inspected t least once in each financial year in such manner as may be prescribed.
(2) The Director may also arrange special inspection of any school on such aspects of its working as may, from time to time, be considered necessary by him.
(3) The Director may give directions to the manager requiring the manager to rectify any defect or deficiency found at the time of inspection or otherwise in the working of the school.
(4) If the manager fails to comply with any direction given under sub- section (3), the Director may, after considering the explanation or report, if any, given or made by the manager, take such action as he may think fit, including-
(a) stoppage of aid,
(b) withdrawal of recognition, or
(c) except in the case of a minority school, taking over of the school under section 20.

25. Jurisdiction of civil Courts barred- No civil Court shall have jurisdiction in respect of any matter in relation to which the Administrator or the Director or any other person authorised by the Administrator or Director or any other officer or authority appointed or specified by or under this Act, is empowered by or under this Act to exercise any power, and no injunction shall be granted by any civil court in respect of anything which is done or intended to be done by or under this Act.

26. Protection of action taken in good faith- No suit, prosecution or other legal proceeding shall lie against the Administrator, Director or any other person authorised by the Administrator or Director for anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder.

27. Liability of manager to punishment- If the manager of any recognised private school –
a) omits or fails, without any reasonable excuse, too carry a orders made by the Tribunal, or
b) presents any student for any public examination without complying with the provisions of section 19, or
c) omits or fails to deliver any school property to the Administrator or any officer authorised by him under sub-section (2) of section 20, he shall be punished with imprisonment for a term which may extend to three months, or with fine which may extent to one thousand rupees, or with both.

28. Power to make ru]es- (1) The Administrator may, with the previous approval of the Central Government, and subject to the condition of previous publication, by notification, make rules to carry out the provisions of this act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
a) the manner in which education may be regulated by the Administrator in Delhi;
b) the conditions which every existing school shall be required to comply;
c) establishment of a new school or the opening of a higher class or the closing down of an existing class in an existing school;
d) the form and manner in which an application for recognition school shall be made;
e) the facilities to be provided by a school to obtain recognition;
f) the manner in which, and the authority to which, an appeal against the refusal or withdrawal of recognition shall be made;
g) the minimum qualifications for, and method of recruitment, and the terms and conditions of service of employees;
h) the authorities to be specified for the purposes of the different provisions of this Act;
i) the particulars which a scheme of management shall contain and the manner in which such scheme shall be made;
j) variations and modifications which may be made in the scheme of management for a recognised school which does not receive any aid
k) the conditions under which aid may be granted to recognised schools, and on the
violation of which aid may be stopped, reduced or suspended;
l) the part of the expenditure of a recognised school which is to be covered by aid;
m) particulars of school property which should be furnished to the appropriate authority;
n) the form in which, and the time within which, an appeal shall be preferred to the Administrator against an order made in relation to the transfer, mortgage or lien of any school property;
o) the Code of Conduct for the employees and disciplinary action to be taken for the violation thereof;
p) the benefits which should be granted to the employees of recognised private schools;
q) admissions to a recognised school;
r) fees and other charges which may be collected by an aided school;
s) the manner of inspection of recognised schools
t) the terms of office, traveling and other allowances payable to the members of the Advisory Board;
u) financial and other returns to be filed by the managing committee of recognised private schools, and the authority by which such returns shall be audited;
v) educational purposes for which the income derived by way of fees by recognised unaided schools shall be spent;
w) manner of accounting and operation of school funds and other funds of a recognised private school;
x) fees; not exceeding one rupee, for preferring any appeal under this Act;
y) any other matter which is to be, or may be, prescribed under this Act.
(3) Every rule made under this Act shall be laid, as soon as may be is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

29. Power to remove difficulties- If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order not inconsistent with the provisions of this Act, remove the difficulty.

Cause List for 25/10/2007

BEFORE MR. TALWANT SINGH
PO: DELHI SCHOOL TRIBUNAL

Misc. Proceedings (At 10:30 A.M.)

1. 24/2006 : Sh.Rajendra Kumar Sharma V/s Director of Education & Ors.

2. 30/1994 : Sh. G.G Bhowmik V/s Chairman , Guru Harkishan Public Singh & Ors.

Misc. Arguments (At 11:00 A.M.)

3. 12/2004 : Sh. Vinod Kumar V/s Principal S. Jassa Singh Ramgarhia & Ors.

4. 33/2004 : Mrs. Usha Sahi V/s The Management of Sophia Sr. Sec. School.

Final Arguments (At 11:30 A.M.)

5. 23/2001 : Neeru Jaggi V/s Francis Girls Sr. Sec. School & Ors.

6. 12/2001 : Sh. A. A. Vetal V/s The Managing Committee, Sarswati Bal Mindir & Ors.

7. 43/2003 : Sh. Bhushan Tripathi V/s Samarth Sikha Samiti & Ors.

8 21/2004 : Sh. Mohan Lal Saran V/s Govt. of NCT of Delhi & Ors.

9. 22/2004 : Mrs. Veena Sharma V/s The Management of Air Force Golden Jublee Institute & Ors.

10. 33/2005 : Sh. Sameer Chakraborty V/s Raisina Bengali School Society & Ors.

11. 29/2006 : Sh. Manjeet Singh V/s State Of NCT of Delhi & Ors.

12. 11/2004 : Mrs. Meera Dimri V/s The Management , Neo –Convent Sr. Sec. School & Ors.

Order (4.00 P.M)

13 9/2007 : Sh. Pankaj Tyagi V/s D.E & Ors.

Tuesday, October 23, 2007

Cause List for 24/10/2007

BEFORE MR. TALWANT SINGH
PO: DELHI SCHOOL TRIBUNAL

24/10/2007


Misc. Proceedings (At 10:30 A.M.)

1. 42/2007 : Sh. Ashok Kumar Rana V/s Delhi Public School & Ors.

2. 37/2003 : Mrs. Shweta Mehta V/s Bharti Vidya Bhawan & Ors.

Misc. Arguments (At 11:00 A.M.)

3. 10/2003 : Sh. Harvinder Pal Singh Bindra V/s Dr. Swami Ram Pal Singh Mission School & Ors.

4. 22/2006 : Ms. Ameeta Singhal V/s The Managing Committee, Holy Child Auxilium School & Ors.

Final Arguments (At 11:30 A.M.)

5. 07/1997 : Smt. Suman Sharma V/s Gramin Sikshan Sanstha & Ors.

6. 08/1997 : Sh. Yug Raj V/s Gramin Sikshan Sanstha & Ors.

7. 21/2000 : Mrs. Usha Chawla V/s St. Marry’s Sr. Sec. School & Ors.

8. 40/2001 : Mrs. Vinita Vashishth V/s Manav Sthali School & Ors.

9. 25/2004 : Sh. Harish Vardhan V/s Director of Education & Ors.

10. 29/2005 : Ms. Shampa Ganguly V/s Mamta Modren Sr. Sec. School & Ors.

11. 35/2005 : Sh. Baldev Singh V/s Delhi Public School & Ors.

12. 39/2005 : Sh. Manoj Kumar V/s Guru Harkrishan Public School & Ors.

13. 01/2006 : Mrs. Trivender Kaur V/s Bhai Lalo Public School & Ors.

14. 15/2007 : Mrs. Kiran Bala Sharma V/s Lott Carey Baptist Mission in India (Regd.) & Ors.

Court Judgements relating to Education in India

Here's a list of various court judgements relating to education.

A link to the full text of the judgements is provided and where there are concurring and dissenting opinions, separate links to the full text of each opinion are provided.

P.A. Inamdar & Ors. vs. State of Maharashtra & Ors. Supreme Court of India. DATE OF JUDGMENT: 12/08/2005. The Supreme Court states that the State cannot impose restrictions on admissions and fees on unaided higher educational institutions, but the institutions should not charge capitation fees or indulge in profiteering. (Summary of the judgement)

State of Andhra Pradesh vs. J.B. Educational Society.Supreme Court of India. DATE OF JUDGMENT: 23/02/2005

Prof. Yashpal & Anr. vs. State of Chhattisgarh & Ors. Supreme Court of India. DATE OF JUDGMENT: 11/02/2005. The Supreme Court declares 112 universities established in Chattisgarh (under the Chhatisgarh Act) illegal. (Analysis of the judgement)

Islamic Academy of Edn. & Anr. vs. State of Karnataka & Ors. Supreme Court of India. DATE OF JUDGMENT: 14/08/2003. A majority opinion by 4 judges CJI V. N. Khare, S. N. Variava, K. G. Balakrishnan & Arijit Pasayat and a separate opinion by S.B. Sinha

T.M.A. Pai Foundation & Ors. vs. State of Karnataka & Ors. A majority opinion by 5 judges G.B. Pattanaik, S. Rajendra Babu, K.G. Balakrishnan, P. Venkatarama Reddi & Arijit Pasayat with a separate but concurring opinion by the Chief Justice V. N. Khare, and three separate opinions by Ruma Pal, S.N. Variava and Ashok Bhan and Syed Shah Mohammed Quadri. Supreme Court of India. DATE OF JUDGEMENT: 31/10/2002

Tamil Nadu & Anr. vs. Adhiyaman Educational and Research Institute. Supreme Court of India. DATE OF JUDGMENT: 24/03/1995

Unni Krishnan, J.P. AND Ors. vs. State Of Andhra Pradesh and Ors. Supreme Court of India. DATE OF JUDGMENT: 04/02/1993

Modern School v Shashi Pal Sharma & Others

Date of Judgment: 18th Sep 2007
Bench: Hon. Mr. Justice S.B. Sinha & Hon. Mr. Justice H.S. Bedi
Civil Appeal no. 4343 of 2007
(Arising out of SLP (C) No.1721 of 2006)

Judgment:S.B. Sinha, J.-
Leave granted.

1. Appellant herein is a school recognized and governed under the Delhi School Education Act, 1973 (for short, 'the Act') and the rules framed there under. First Respondent herein had, at all material times, been working as Sanskrit teacher in the appellant school. On or about 14.03.1997, his wife made a complaint to the Principal of the school informing that the First Respondent had made fake coupons meant to be used at the fate of the school held on 15.12.1996. Several other serious allegations were made by the first respondent's wife against him. He tendered his resignation purported to be on the ground of having some domestic problems.
2. The said letter of resignation reads thus:
"Because of some urgent and serious domestic problems it is difficult for me to continue serving the school. I request you to kindly accept this my letter of resignation.
Since my circumstances require me to take such a major step, I request your indulgence in making my situation somewhat easier by acceding to my following requests:
(A) My gratuity and other dues including earned leave may be encashed and disbursed quickly.(B) The privilege of students that my children have enjoyed in Modern School at no cost to me may be continued.
(C) My association with the school particularly through my books being used by the middle school for Sanskrit may be continued.
(D) In case my benefit accrues to me for the past period on account of revision of salaries arriving out of the pay commission or the school management, the same may be granted to me in the due course.
(E) Any fallout of my domestic problems and any attempts to malign me may please be ignored and not be allowed to effect upon my children."

3. Indisputably, acceptance of resignation by the appellant from a teacher is governed by Section 114A of Act, 1973 which reads as under:
"114A. Resignation:- The resignation submitted by an employee of a recognized school shall be accepted within a period of thirty days from the date of receipt of the resignation by the managing committee with the approval of the Director :
Provided that if no approval is received within 30 days, then such approval would be deemed to have been received after the expiry of the said period."

4. The resignation tendered by the first respondent was accepted by the appellant and forwarded to the Director of Education in terms of its letter dated 09.03.1997, stating :
"Enclosed please find the copy of the letter of resignation submitted by Mr. S.P. Sharma, a teacher of our school.

Since we need to advertise and get a substitute teacher needs to be recruited immediately. We have accepted his resignation subject to your approval. Since he is teaching class X Board classes, we need to find a replacement at the very earliest in the interest of students’ right from the start of the new session. A replacement cannot be legal unless the post falls vacant. Hence, we request your indulgence and co-operation for an immediate approval."

5. As no order of approval was received by the appellant from the Director of Education as was required under Section 114A, it, by its letter dated 13.05.1997, informed the said authority that they were accepting the resignation and going ahead with fresh recruitment as per the Act and the Rules. By a letter of the said date, acceptance of his resignation was communicated to the First Respondent, stating:

"This is to inform you that we accept with regret your resignation letter dated 17th March, 1997. You have our sympathies for the domestic problems you face.

We shall do whatever we can do help your children with their education. You shall be relieved w.e.f. June 17, 1997 after the three months notice period which expires on June 16, 1997.You are requested to contact the school office after June 16, 1997 on any working day during working hours to settle all full and final dues."

6. On receipt of the said letter, the First Respondent by his letter dated 15.05.1997 and annexing therewith a purported letter withdrawing his resignation dated 18.03.1997, a letter of the Director of Education regarding procedure for compliance of Rule 114(a) of Delhi School Education Rules 1973 as also a telegram dated 14.5.1997 contended that acceptance of his offer of resignation was illegal and invalid. The Education Officer of the Government of Delhi also contended that the fact that the First Respondent had withdrawn his resignation on 18.3.1997 was not brought to the notice of the Managing Committee and the purported resolution adopted by it through circulation was not in accordance with law. Appellant was, therefore, advised to hold the meeting of the Managing Committee in future in accordance with the directions of the Department. Purported refusal to accord approval by the State was resented to by the appellant herein in terms of letter dated 26.06.1997 addressed to the Education Officer, Directorate of Education, stating :

"We are surprised that our letter seeking approval of the resignation of Shri S.P. Sharma which was dated 19.3.1997 has been acknowledged by you on 17.6.1997. We are unable to appreciate the reason for this delay.

We are surprised to note that you have purported not to accord approval for the acceptance of the resignation of Shri Sharma due to the reasons enumerated in your communication. As regard, the first reason, the school did not receive any withdrawal of the resignation of Shri Sharma on 18.3.1997 and since there was no receipt of any letter of withdrawal of the resignation, there was no necessity of bringing this to the notice of the Managing Committee. A subsequent communication enclosing a so-called withdrawal of resignation letter was sent to the school but by that time the Managing Committee of the school had already accepted the resignation and the said letter, if at all, is an after-thought.

As regards the second reason, we are surprised to note that the resolution of the managing Committee passed through circulation is not valid. Time and again resolutions have been passed through circulation by our Managing Committee and you have accorded approval, but it appears that now your stand is changing. In the light of the aforesaid, we would request you to withdraw your communication dated 17.6.1997."

7. First Respondent thereafter filed a writ petition in the High Court of Delhi questioning acceptance of his purported resignation. A learned Single Judge of the said court by an order dated 01.04.2003 dismissed the same.

8. We may notice that in the said writ proceedings, the First Respondent herein raised a contention that it had never received the purported letter dated 18.03.1997 from the First Respondent withdrawing his resignation. It was furthermore contended that the telegram which was sent by the First Respondent to the appellant cannot be construed to be one whereby the resignation submitted by him can be said to have been withdrawn.

9. The learned Single Judge of the High Court called for the original records of the school, perused the same and opined that the purported receipt of the letter by the office of the appellant is not correct, stating:

"The specific stand of the teacher is that he submitted his letter withdrawing the resignation letter on 18.3.1997 in the school which was received by the school authority by giving a diary number which is 1715 of 18.3.1997. I had called for the original dispatch register from the school authority in order to examine the veracity of the said statement pursuant to which the same was placed before me. The said diary No.1715 of the dispatch register relates to some other correspondence and not that of the particular letter stated to have been submitted by the Respondent No.4 under the said number. It is interesting to note that the said entry is of one Shri C.S. Sharma which is also dated 18.3.1997 and the petitioner is seeking to take advantage of the said entry because of similarity in the surname. Besides, the previous day the teacher submitted his resignation giving urgent and serious domestic problems as the reason for submitting the resignation and on the very next day he allegedly submitted another application withdrawing the letter of resignation stating that his domestic problems which forced him to take a drastic step like submitting a resignation had been solved overnight. It appears that the said letter is made out by the Respondent No.4 in order to show that he had withdrawn the resignation letter even before it was accepted by the Principal. By that he also could persuade the Director of Education not to accord approval to the acceptance of the resignation which is established from the letter of the Director of Education dated 17.6.1997."

10. Aggrieved by and dissatisfied with the said order dated 01.04.2003 passed by the learned Single Judge of the High Court, an intra-court appeal was preferred by the First Respondent herein and by reason of the impugned judgment dated 13.12.2005, a Division Bench of the High Court allowed the same holding that as the First Respondent was to be relieved with effect from 17.06.1997, he could have withdrawn his resignation on any day prior thereto and as he had withdrawn his resignation prior to 17.06.1997, the question of acceptance of his resignation by the appellant did not arise. In regard to the contention of the appellant that the letter dated 18.03.1997 whereupon the First Respondent relied upon, was a forged document, the Division Bench held:

"Learned counsel for the respondent submitted that the appellant had fabricated the letter dated 18.03.1997. In our opinion, this fact is disputed by the appellant and it is not for this court to go into this disputed question of fact in writ jurisdiction. At any event, since we have not relied on the alleged letter dated 18.3.1997, the same has no relevance."

11. Mr. Anip Sachthey, learned counsel appearing on behalf of the appellant, would submit that having regard to the finding of fact arrived at by the learned Single Judge, the Division Bench of the High Court committed a manifest error in passing the impugned judgment.

12. Mr. K. Ramamoorthy, learned Senior Counsel appearing on behalf of the respondents, on the other hand, submitted:
(i) Having regard to the circular letter issued by the Education Department of the Government of Delhi, purported acceptance of resignation by the members of the Managing Committee was wholly illegal;
(ii) The State Government having not granted its approval, the impugned judgment should not be interfered with.
(iii) As the letter of resignation had been withdrawn by the First Respondent, the High Court rightly relied upon a decision of this Court in Srikantha S.M. v. M/s. Bharath Earth Movers Ltd. [(2005) 8 SCC 314] : [JT 2005 (12) SC 465].

13. The terms and conditions of the service of the First Respondent are governed by the provisions of the said Act and the rules framed thereunder. We have noticed hereinbefore that if resignation is submitted by an employee of a recognised school, it is obligatory on the part of the Managing Committee of the school to accept the same within a period of 30 days from the receipt of the letter. Such acceptance must be preceded by the approval of the Director in this behalf. Proviso appended to Section 114A of the Act, however, raises a legal fiction that in the event no approval is received within the period of 30 days, the same would be deemed to have been received.

14. It is neither in doubt nor in dispute that legalities apart, the Managing Committee of the appellant-School accepted the resignation submitted by the First Respondent on 19.03.1997. Acceptance of the said resignation was, however, subject to the approval of the Director of Education. It is not in dispute that the Director of Education did not communicate his decision in regard to approval or refusal thereof within a period of 30 days from the date of receipt of the said letter and in that view of the matter, subject of course to the withdrawal of the resignation by the concerned employee, the approval would be deemed to have been accorded.

15. Two principal questions, therefore, arise for our consideration herein namely, (i) whether the First Respondent has legally withdrawn his letter of resignation; and (ii) whether the First Respondent could withdraw his resignation prior to 16.06.1997.

16. Resignation submitted by the First Respondent could be withdrawn by him before its acceptance. Such acceptance of resignation was to be made within a period of one month. Within the said period itself, the Director of Education should have accorded or refused to accord his approval. We have noticed hereinbefore, the findings of the learned Single Judge of the High Court holding categorically that the purported letter dated 18.03.1997 was never received by the authorities of the school. The said finding of fact has not been interfered with by the Division Bench of the High Court.

17. Once the resignation of the First Respondent had validly been accepted, the question which would arise for consideration is as to whether the same could be done before 17.06.1997. It is not a case where acceptance of the resignation was made effective from a future date. Resignation of the First Respondent having been accepted, only he was to be relieved from 17.06.1997. We have noticed hereinbefore the purport of Section 114A of the Act, in terms whereof resignation was to be accepted within a period of 30 days. In view of the aforementioned statutory provision, in our opinion, only because the First Respondent was to be relieved with effect from 17.06.1997 the same would not mean that even thereafter it was open to the First Respondent to withdraw his resignation. In fact, if the aforementioned letter dated 18.03.1997 is excluded from consideration; he had not withdrawn his resignation at all. We may at this juncture notice the telegram sent by the First Respondent, which is as under:
"DEPARTMENT OF TELECOMMUNICATIONS, INDIA
TELEGRAM X 1850 N-120 NEW DELHI RAJOURI GARDEN 14/5 30/36
PRINCIPAL MODERN SCHOOL VASANT VIHAR NEW DELHI
MY RESIGNATION OF SEVENTEENTH MARCH 1997 WAS DULY WITHDRAWN THE NEXT DAY YOUR ACCEPTANCE IS NOT ACCEPTED BECAUSE IT IS INFRUCTUOUS.
S.P. SHARMA."

18. In terms of the said telegram the First Respondent did not withdraw his resignation. He merely purported to have communicated that the same stood withdrawn on the next day of his submission of resignation, namely, 18.03.1997. If the contention of the First Respondent that he had withdrawn his resignation on 18.03.1997 is found to be correct, as has been held by the learned Single Judge of the High Court, in our opinion, receipt of the said letter by itself would not amount to withdrawal of his resignation before it is accepted. There is no doubt whatsoever that the Director of Education acted in terms of the representation made by the First Respondent that he had withdrawn his resignation. If the same was factually incorrect, the said authority was obligated in law to communicate his decision to the school authority within a period of 30 days from the date of communication of the letter of the First Respondent.

19. The decision of this Court in Srikantha S.M. (supra), in view of the factual situation obtaining in the instant case, cannot be said to have any application whatsoever. In that case even after the purported acceptance of the resignation of the appellant, he had been granted casual leave from 05.01.1993 to 13.01.1993 and was informed that he would be relieved after office hours on 15.01.1993. In the aforementioned fact situation obtaining therein, this Court opined:
"26. On the basis of the above decisions, in our opinion, the learned Counsel for the appellant is right in contending that though the respondent-Company had accepted the resignation of the appellant on 4.1.1993 and was ordered to be relieved on that day, by a subsequent letter, he was granted casual leave from 5.1.1993 to 13.1.1993. Moreover, he was informed that he would be relieved after office hours on 15.1.1993. The vinculum juris, therefore, in our considered opinion, continued and the relationship of employer and employee did not come to an end on 4.1.1993. The relieving order and payment of salary also make it abundantly clear that he was continued in service of the Company upto 15.1.1993.
27. In affidavit in reply filed by the Company, it was stated that resignation of the appellant was accepted immediately and he was to be relieved on 4.1.1993. It was because of the request of the appellant that he was continued upto 15.1.1993. In the affidavit in rejoinder, the appellant had stated that he reported for duty on 15.1.1993 and also worked on that day. At about 12.00 noon, a letter was issued to him stating therein that he would be relieved at the close of the day. A cheque of Rs. 13,511/- was paid to him at 17.30 hrs. The appellant had asserted that he had not received terminal benefits such as gratuity, provident fund, etc. It is thus proved that upto 15.1.1993, the appellant remained in service. If it is so, in our opinion, as per settled law, the appellant could have withdrawn his resignation before that date. It is an admitted fact that a letter of withdrawal of resignation was submitted by the appellant on 8.1.1993. It was, therefore, on the Company to give effect to the said letter. By not doing so, the Company has acted contrary to the law and against the decisions of this Court and hence, the action of the Company deserves to be quashed and set aside. The High Court in our opinion was in error in not granting relief to the appellant. Accordingly, the action of the Company as upheld by the High Court is hereby set aside."

20. As we have noticed hereinbefore, the terms and conditions of service are governed by the statute and the statutory rules. As acceptance of the resignation of the First Respondent was communicated to him within a period of 30 days, the same would take its effect in terms thereof.

21. Reliance placed by Mr. Ramamurthy on the departmental instruction dated 17.10.1996 is not relevant. The said departmental instruction reads thus:
"As per provisions of Delhi School Act and Rules, 1973, the Managing Committee of the school is the appointing authority in respect of aided and unaided recognized schools. On various occasions the Managing Committee has to discharge the statutory obligation of obtaining approval of the Director of Education to various proposals by passing a resolution. Before any proposal is put up before the D.E., for obtaining his approval, the individual proposal is to be examined on merits, which includes scrutiny of the resolution passed by the Managing Committee.

In the past, it is observed that most of the schools are not adhering to the approved Scheme of Management. DE nominees have been provided to all the aided and unaided schools, who are not invited by the Managing Committee of the schools. In some cases, 'special invitees' are invited to attend the meeting of the Managing Committee in contravention to the approved Scheme of Management.

All the Managers of aided/unaided schools are therefore, directed:
1. to call the meeting of the Managing Committee in accordance with the approved Scheme of Management.
2. to invite the DE nominees/advisory board nominees in the meeting and notice of the meeting should be sent by special messenger or by Regd. Post only.
3. to incorporate in the body of resolution, the names of members who have attended the meeting of Managing Committee. If the DE nominee has not attended the meeting, a certificate should be recorded therein that notice of meeting of Managing Committee was sent on ___________ (Date) by Regd. Post or by special messenger.
4. Resolution should not be passed by circulation among the members."

22. The manner in which the meeting of the Managing Committee should be called for is a matter governed by the internal rules of the school. The said departmental instructions does not state that any deviation therefrom would result in the Resolution passed by the Managing Committee by circulation, if rendered nullity, the same must be held to be directory.

23. The Division Bench of the High Court committed a serious error in passing the impugned judgment, which cannot be sustained and is set aside accordingly. The appeal is allowed. No costs.

Monday, October 22, 2007

Cause List for 23/10/2007

BEFORE MR. TALWANT SINGH
PO: DELHI SCHOOL TRIBUNAL

Misc. Proceedings (At 10:30 A.M.)

1. 44/2007 : Mrs. Sunita Bagga V/s Dte. of Education

2. 45/2007 : Sh. Satish Kumar Kadia V/s Birla Vidya Niketan

3. 27/2006 : Mrs. Shikha Chaudhari Srivastava V/s Joseph & Merry School.

Misc. Arguments (At 11:00 A.M.)

4. 17-20/2002 : Sh. Raj Kumar & Ors. V/s Delhi Jain Public School & Ors. (Four Cases)

Final Arguments (At 11:30 A.M.)

5. 05/1996 : Ms. Archana Bains V/s Dte of Education

6. 21/1998 : Sh. Om Prakash Arora V/s Mira Model Sr. Sec. School

7. 23/1999 : Mrs. Raj Rani V/s Vanasthali Public School & Ors.

8. 04/2001 : Ms. Indu Bala V/s Guru Teg Bahadur Public School

9. 19/2001 : Mrs Mithlesh Mishra V/s Spring Meadows Public School

10. 60/2002 : Sh. Hari Om Sharma V/s Kulachi Hans Raj Model School

Orders (At 4:00 P.M.)

11. 29/2002 : Mrs. Kritanjali Diamond V/s Lott Carrey Baptist Mission

Sunday, October 21, 2007

DELHI SCHOOL TRIBUNAL CONSTITUTED

Specialized Delhi School Tribunal has been constituted with Sh. Talwant Singh, Addl. District Judge as its first Presiding Officer. Specialized Delhi School Tribunal shall start holding its hearing w.e.f. 02/07/2007 at 10.30 a.m.

Pursuant to the directions of the Hon. High Court of Delhi, the specialized Delhi School Tribunal (DST) has been constituted w.e.f. 23/05/07 with Sh. Talwant Singh, Additional District Judge as its Presiding Officer.

It is hereby brought to the notice of all concerned that Specialized Delhi School Tribunal shall start holding its hearing at Room No. 5 to 9 (Ground Floor), Patrachar Vidyalaya Complex, near INMAS, Lucknow Road, Timar Pur, Delhi-110054, w.e.f. 02/07/2005 at 10.30 a.m.

All the cases which are listed from 02/07/2005 onwards at 3.00 p.m. and thereafter will be heard at 10.30 a.m. on the respective dates.