Disposed
Ms. Ritu Singhal v. Lions Public School and Ors.
Delhi HCW.P.(C)/11013/2024
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What the court decided
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MS. RITU SINGHAL .....Petitioner
Through: Mr. Nikhilesh Kumar, Advocate.
versus
LIONS PUBLIC SCHOOL AND ORS .....Respondents Through: Mr. V.K. Tandon, Advocate for Respondents No.1 to 5.
Ms. Latika Choudhury, Advocate for Respondent No.6/DOE.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R
CM APPL. 45477/2024
W.P.(C) 11013/2024 and CM APPL. 45478/2024
“(a) Issue a writ of mandamus or any other appropriate writ or order(s) or direction(s) to set aside the order dated 6.7.2024 (Impugned Order-1) passed by the Respondent No.4, whereby the application of the Petitioner to appoint an Advocate as her defence assistant, has been rejected;
(b) Issue a writ of mandamus or any other appropriate writ or order(s) or direction(s) to set aside the order dated 11.7.2024 (Impugned Order-2) passed by the Respondent No.4-inquiry officer, whereby the application of the Petitioner for appointment of Sh. Gurvinder Singh Saini as defence assistant (DA), has been rejected;
(c) Issue an appropriate writ of mandamus, order(s) or direction(s) and to set aside the order dated 27.7.2024 (Impugned Order-3) passed by the Respondent No.2- DAC, whereby the representation of the Petitioner dated 16.7.2024, (Ann-P/23) has been rejected being bereft of any merit;
Page 1 of 3
W.P.(C) 11013/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/08/2024 at 11:46:47
(d) Issue a writ of mandamus or any other appropriate writ or order(s) or direction(s) directing the Respondent- School either to allow the Petitioner to appointment an advocate as her defense assistant or in the alternative remove the presenting officer-Respondent No.5 as he is a legal practitioner having Enrollment No. D/1677/2009;
(e) Issue a writ of mandamus or any other appropriate writ or order(s) or direction(s) directing the Respondent No.6- Department of Education to appoint an independent inquiry officer from the department as the Respondent No.4 - Inquiry Officer is completely biased and is acting at the behest of the school management;
(f) Issue a writ of mandamus or any other appropriate writ or order(s) or direction(s) and to quash the charge sheet dated 4.12.2023 (Impugned Order-4) issued by the Respondent No.3 through Principal-cum-Manager, being actuated with mala fide, malice, biased, etc.;
(g) Issue an appropriate writ of mandamus, order(s) or direction(s) to quash the disciplinary proceedings as the Respondent No.3- DAC has not been constituted in accordance with Rule 118 of the Delhi School Education Rules and hence violative of the said Rule;
(h) Issue any other writ, order(s) or direction(s) against the Respondents as the Hon’ble Court may deem fit in the facts and circumstances of the present case.
(i) Costs of this litigation.”
Page 2 of 3
W.P.(C) 11013/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/08/2024 at 11:46:47
JYOTI SINGH, J
AUGUST 20, 2024 B.S. Rohella
Page 3 of 3
W.P.(C) 11013/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/08/2024 at 11:46:47
1 issue framed by the court
Whether the petitioner could be permitted to appoint an advocate or chosen defence assistant in pending disciplinary inquiry proceedings.
2 provisions across 2 enactments
Ms. Ritu Singhal
Lions Public School
Respondent No.6/DOE (Department of Education)
Jyoti Singh
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