Dismissed
Rinku Sehgal v. Directorate of Education & Ors.
Delhi HCW.P.(C)/5407/2017
Case brief
from the order text
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HIGH COURT OF DELHI AT NEW DELHI + W.P.(C)…
What the court decided
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..... Petitioner
Through: Dr. M.Y. Khan, Adv.
versus
DIRECTORATE OF EDUCATION & ORS.
..... Respondent Through: Mr. Naushad Ahmed Khan, ASC (Civil) with Mr. Manzar Anis, Adv. for R-1
CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO
O R D E R
In view of the aforesaid facts and circumstances of the case it is most humbly and respectfully prayed that the Hon’ble Court may very graciously be pleased to :-
i) Issue a writ of Mandamus or any other appropriate writ, order or directions of like nature to direct the respondents No.2 to 4, to implement the impugned order dated 08.03.2017, passed in the Appeal No. 13 of 2013.
ii) Issue a writ of Mandamus or any other appropriate writ, order or directions of like nature to direct the respondents No. 1 to examine the compliance of the impugned order/s and salary and amount has been paid to the petitioner, as per the impugned order dated 08.03.2017, and respondent should submit the compliance report of the same to the Hon’ble Court.
iii) pass any other or further order or directions as this Hon’ble Court may deems fit and proper under the facts and circumstances of the case.”
27. Liability of manager to punishment.—If the manager of any recognised private school.— (a) omits or fails, without any reasonable excuse, to carry out any 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 extend to one thousand rupees, or with both.”
under Section 27 of the Delhi School Education Act and the Rules, 1973. I also note, identical issue came up for consideration before this Court in W.P.(C) No. 5068/2017, which was disposed of on May 31, 2017 whereby the petitioner therein was also granted liberty to approach the Tribunal. I do not see any reason to take a different view.
V. KAMESWAR RAO, J
JULY 03, 2017 /ak
1 issue framed by the court
Whether a writ petition seeking implementation of an order from the Delhi School Tribunal is maintainable.
1 provisions across 1 enactments
RINKU SEHGAL
DIRECTORATE OF EDUCATION & ORS.
V. KAMESWAR RAO
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