Disposed

Sadakat Ali v. Ring Midway Senior Secondary School & Ors.

Delhi HC18 Apr 2018W.P.(C)/3816/2018

Case brief

AI extract

What is this about?

This order disposed of five writ petitions regarding teacher salary arrears and lack of access to assign roles. The court directed the Delhi Directorate of Education to conduct an inquiry under Section 24(4) of the Delhi School Education Act after giving the school authority a hearing opportunity, with strict timelines for representation and reporting outcomes.

What did the court decide?

Directed the Directorate of Education to act under Delhi School Education Act, 1973 after hearing respondents, set timelines for representation and final order.

Sadakat Ali Vs Ring Midway Senior Secondary School… — Education and Admissions | Delhi HC (2018)

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* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: April 18, 2018

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(i) + W.P.(C) 3815/2018 & C.Ms. 15133-34/2018

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PRAKASH DAGAR ..... Petitioner Through: Mr. Khagesh B. Jha, Advocate

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Versus

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RING MIDWAY SENIOR SECONDARY SCHOOL & ORS.

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..... Respondents Through: Mr. Santosh Kumar Tripath, Addl. Standing Counsel for GNCTD (DOE)

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(ii) + W.P.(C) 3816/2018 & C.Ms.15136-37/2018

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SADAKAT ALI ..... Petitioner Through: Mr. Khagesh B. Jha, Advocate

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Versus

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RING MIDWAY SENIOR SECONDARY SCHOOL & ORS.

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..... Respondents Through: Ms. Jyoti Taneja, Addl. Standing Counsel for GNCTD (DOE)

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(iii) + W.P.(C) 3836/2018 & C.Ms. 15200-01/2018

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DAYA VATI ..... Petitioner Through: Mr. Khagesh B. Jha, Advocate Versus

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RING MIDWAY SENIOR SECONDARY SCHOOL & ORS.

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..... Respondents Through: Mr. Jawahar Raja, Addl. Standing Counsel for GNCTD (DOE) & Mr. Chinmay Kanojia, Advocate

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Page 1 of 4

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W.P.(C) 3815/2018 & connected petitions

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(iv) + W.P.(C) 3837/2018 & C.Ms. 15202-03/2018

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SHASHI RAWAT ..... Petitioner

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Through: Mr. Khagesh B. Jha, Advocate

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Versus

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RING MIDWAY SENIOR SECONDARY SCHOOL & ORS.

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..... Respondents Through: Mr. Santosh Kumar Tripath, Addl. Standing Counsel for GNCTD (DOE)

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(v) + W.P.(C) 3846/2018 & C.Ms. 15230-31/2018

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AMIYA BALA MOHAPATRA ..... Petitioner Through: Mr. Khagesh B. Jha, Advocate

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Versus

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RING MIDWAY SENIOR SECONDARY SCHOOL & ORS.

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..... Respondents Through: Mr. Santosh Kumar Tripath, Addl. Standing Counsel for GNCTD (DOE)

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CORAM:

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HON'BLE MR. JUSTICE SUNIL GAUR

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ORDER (ORAL)

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In the above captioned five petitions, the grievance made is that petitioners are not getting salary since September, 2017 although they were allowed to join the school w.e.f. 1^st July, 2017 in view of orders passed by Delhi School Tribunal.

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With the consent of counsel for the parties, the above captioned five petitions have been heard together and are being decided by this common order.

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Page 2 of 4

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W.P.(C) 3815/2018 & connected petitions

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Learned counsel for petitioners submits that petitioners had been requesting the school Principal to give time table to petitioners to teach but petitioners have not been allowed to teach in respondent-School although their attendance is being marked in the attendance register. Learned counsel for petitioners submits that an application was made by twelve teachers, including petitioners to respondent- Directorate of Education on 7^th November, 2017 (Annexure- D) and an inquiry was conducted by respondent- Directorate of Education . Attention of this Court is drawn to Inquiry Report of 6^th January, 2018 (Annexure-E) , which reveals that physical inspection of respondent-School was done by the Inquiry Team on 22^nd December, 2017 and the finding of the Inquiry Report (Annexure-E) is that the Chairman, Manager and the school authority did not cooperate with the Inquiry Team and did not produce the required financial record for inspection, even though ample time was given to produce the records. To say the least, Inquiry Report (AnnexureE) is inconclusive.

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In such like cases, like the instant one, respondent- Directorate of Education ought to promptly act under Sub-Section 4 of Section 24 of Delhi School Education Act and Rules, 1973 . Before such a course is adopted, it would be appropriate if petitioners make a concise Representation to third respondent on the subject matter of these petitions within a week. If it is so done, then third respondent shall effectively consider the said Representation and pass a speaking order thereon within a period of three weeks. The fate of the Representation be conveyed to petitioners within a week thereafter, so that petitioners may avail of the remedies, as available in law, if need be. Till it is so done, respondent-

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Page 3 of 4

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W.P.(C) 3815/2018 & connected petitions

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Directorate of Education shall promptly act under Sub-Section 4 of Section 24 of Delhi School Education Act and Rules, 1973 , but after giving an opportunity of hearing to the third respondent. The outcome of action taken by respondent – Directorate of Education be intimated to petitioners within six weeks.

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With aforesaid directions, above captioned five petitions and pending applications are disposed of.

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Dasti.

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(SUNIL GAUR) JUDGE

APRIL 18, 2018

Page 4 of 4

W.P.(C) 3815/2018 & connected petitions

Sadakat Ali v. Ring Midway Senior Secondary School & Ors.

Case brief

What is this about?

What did the court decide?

Sadakat Ali v. Ring Midway Senior Secondary School & Ors.

Case brief

What is this about?

What did the court decide?

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