Disposed

Shri Kuldip Singh v. the Director of Education, Govt. of NCT of Delhi. and Ors.

Delhi HC13 Apr 2018W.P.(C)/3632/2018

Case brief

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What is this about?

Petitioner sought re-employment as a Physical Education Teacher after being refused access to his school following complaints of adverse behavior. The single-judge bench directed the school to effectively consider the petitioner's representation and pass a speaking order within six weeks, granting liberty to file supplementary submissions.

What did the court decide?

Direction to respondent School to effectively consider the petitioner's representation and pass a speaking order within six weeks; liberty granted to file supplementary representation.

Shri Kuldip Singh Vs the Director of Education, Govt… — Education and Admissions | Delhi HC (2018)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of Order: April 13, 2018

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- W.P.(C) 3632/2018

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SHRI KULDIP SINGH ..... Petitioner Through: Mr. Shravan Dev, Advocate

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Versus

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THE DIRECTOR OF EDUCATION, GOVT. OF NCT OF DELHI. AND ORS. ..... Respondents Through: Ms. Rachna Srivastava & Ms. Sudipta Sarkar, Advocates for respondent No.1

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CORAM: HON'BLE MR. JUSTICE SUNIL GAUR

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ORDER

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(ORAL)

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Petitioner seeks re-employment on the post of Physical Education Teacher (PET). Petitioner claims to have written to respondent- Directorate of Education on 20^th February, 2018 (Annexure P-6) to issue a direction to Managing Committee of respondent-School to allow him to join as PET under the re-employment scheme.

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Petitioner claims to have made Representation to respondentSchool in January, 2018 but to no avail. It is the case of petitioner that respondent-School vide Communication of 7^th March, 2018 (Annexure P- 9) had expressed inability to permit petitioner to join the school under the re-employment scheme, as the female staff members had given their complaint about petitioner’s adverse behavior. It is not stated in the Communication of 7^th March, 2018 (Annexure P-9) as to when complaint from female staff was received and whether respondent-School had the

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Page 1 of 2

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W.P.(C) 3632/2018

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discretion to refuse grant of re-employment, particularly when respondent – Directorate of Education vide order of 22^nd August, 2017 (Annexure P- 2) has approved petitioner’s re-employment upon recommendation by respondent-School prior thereto.

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Since petitioner’s Representation of 20^th January, 2018 (Annexure P-5) has not been responded to, by respondent-School, therefore, it is deemed appropriate to dispose of this petition with direction to respondent-School to effectively consider it and pass a speaking order thereon, within a period of six weeks and its fate be made known to petitioner within a week thereafter, so that petitioner may avail of the remedies as available in law, if need be. Liberty is granted to petitioner to supplement the Representation of 20^th January, 2018 (Annexure P-5) to controvert the contents of Communication of 7^th March, 2018 (Annexure P-9) within two weeks. If supplementary Representation is received, then it be also considered along with Representation of 20^th January, 2018 (Annexure P-5) within the aforesaid stipulated time.

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With aforesaid directions, this petition is disposed of.

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A copy of this order be given dasti to counsel for petitioner.

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(SUNIL GAUR) JUDGE

APRIL 13, 2018

Page 2 of 2

W.P.(C) 3632/2018

Shri Kuldip Singh v. the Director of Education, Govt. of NCT of Delhi. and Ors.

Case brief

What is this about?

What did the court decide?

Shri Kuldip Singh v. the Director of Education, Govt. of NCT of Delhi. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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