This order deals with a writ petition challenging service termination by a school. The court held that such disputes require adjudication by the Delhi School Tribunal (DST) and treated the petition as an appeal before the DST.
Petition treated as an appeal before DST; parties to appear before DST on 2nd December, 2016.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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SANDHYA GILL
..... Petitioner
Through: Mr. Raman Kapoor, Senior Advocate with Mr. Paramjeet Singh, Advocate and Mr. Umesh Mishra, Advocate.
versus
..... Respondents Through: Mr. Santosh Kumar Tripathi, Advocate for respondent Nos.1 and 2. Mr. A.K. Mishra, Advocate for respondent Nos.3 to 6.
GNCT OF DELHI AND ORS
CORAM:
HON'BLE MR. JUSTICE VALMIKI J. MEHTA O R D E R % 17.11.2016
respondent no.3-school. The issue of validity or otherwise of termination of services has to be dealt with by the Delhi School Tribunal (DST) in view of Section 8(3) of the Delhi School Education Act, 1973 and so held by the
Supreme Court in the judgment in the case of Shashi Gaur Vs. NCT of
Delhi and Ors. (2001) 10 SCC 445.
W.P.(C) No.4699/2016 page 1 of 2
before the DST and the date of filing of the appeal will be the date when this writ petition was filed in this Court. Parties to appear before the DST on 2nd December, 2016 and the DST will decide this matter as an appeal filed before it, in accordance with law. Registry to ensure that file of this case is
made available to the DST on the date fixed.
VALMIKI J. MEHTA, J
NOVEMBER 17, 2016 Ne
W.P.(C) No.4699/2016
page 2 of 2
2 issues framed by the court
Whether the termination of petitioner services falls under the jurisdiction of the Delhi School Tribunal and requires an appeal before it.
Whether the writ petition should be treated as an appeal before the Delhi School Tribunal with the date of filing being the date of the writ petition.
Colour shows how this judgement treated each authority
Shashi Gaur Vs. NCT of Delhi and OrsReferred¶14
(2001) 10 SCC 445 · Who else cites this
1 provisions across 1 enactments
Sandhya Gill
GNCT of Delhi
Valmikaji Mehta
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
