Delhi High Court - Orders
The Managing Committee Air Force Golden ... vs Ajit Sarkar And Anr on 16 October, 2025
Author: Prateek Jalan
Bench: Prateek Jalan
$~91
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 16006/2025
THE MANAGING COMMITTEE AIR FORCE GOLDEN
JUBILEE INSTITUTE AND ANR .....Petitioners
Through: Dr. Nikhil Palli, Ms. Niyati Razdan
& Ms. Vaidushya Parth,
Advocates.
versus
AJIT SARKAR AND ANR .....Respondents
Through: Ms. Indrani Ghosh, Advocate for
R-1.
Mr. Naushad Ahmed Khan & Ms.
Archana Chaudhary, Advocates for
R-2.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 16.10.2025 CAV 402/2025 Ms. Indrani Ghosh, learned counsel, enters appearance on behalf of respondent No. 1.
The caveat, therefore, stands discharged.
CM APPL. 65518/2025 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.
W.P.(C) 16006/2025 & CM APPL. 65516/2025 (for ad-interim stay), CM APPL. 65517/2025 (for placing on record additional documents)
1. Issue notice. Ms. Ghosh accepts notice on behalf of respondent No.1. Ms. Archana Chaudhary, learned counsel, accepts notice on behalf of respondent No. 2.
W.P.(C) 16006/2025 Page 1 of 4This 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 18/10/2025 at 00:06:24
2. The petitioner - Air Force Golden Jubilee Institute ["School"] assails an order dated 07.08.2025 passed by the Delhi School Tribunal ["Tribunal"], by which the Tribunal has set aside the orders compulsorily retiring respondent No. 1 from the services of the School.
3. Respondent No. 1 was admittedly appointed as a TGT (Computer Science) on 06.04.1993 and was confirmed on 30.03.1995, with effect from 06.04.1994. There is some controversy as to whether he was ever promoted to the post of PGT (Computer Science). He relies upon a letter dated 09.11.2003, purportedly issued by the Principal of the School, signifying his promotion to the post of PGT (Computer Science), whereas the School contends that the aforesaid document is not genuine. In this connection, Dr. Nikhil Palli, learned counsel for the School, draws my attention to an order of this Court dated 22.09.2021 in W.P.(C) 144/2021 [Ajit Sarkar v. Air Force Golden Jublee Institute & Anr.], which was filed by respondent No. 1 seeking "to accord the status/ promote the Petitioner to the post of Post Graduate Teacher (PGT) w.e.f. 6th April, 2006". Although the writ petition was dismissed by the said order, in paragraph 5 of his appeal before the Tribunal, respondent No. 1 contended that he was promoted as PGT (Computer Science) with effect from 01.11.2003.
4. The aforesaid aspect is of relevance in the context of the disciplinary proceedings against respondent No. 1, as one of the charges [Article V] against him in the chargesheet dated 09.01.2018, was that he was falsely representing himself as PGT (Computer Science). The other charges related to corporal punishment against students, insubordination, refusal to accept communications of the Principal/Vice-Principal, and failure to follow the prescribed curriculum.
W.P.(C) 16006/2025 Page 2 of 4This 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 18/10/2025 at 00:06:24
5. The Disciplinary Committee recommended an order of compulsory retirement. The Tribunal proceeded on the basis that the Directorate of Education ["DoE"], by its communication dated 01.02.2021, disapproved the recommendation and instead accorded reduction in rank to respondent No. 1, but subsequently approved the order on 12.07.2022. The Tribunal has proceeded on the basis that this was tantamount to an impermissible review of the order by the DoE.
6. Dr. Palli submits that the order dated 12.07.2022 was issued in continuation of the order dated 01.02.2021, particularly in view of the fact that respondent No. 1 was serving in the post of TGT (Computer Science), and no reduction in rank, as originally directed by the DoE, was possible.
7. In view of the aforesaid, the matter requires further consideration. The respondents are directed to file their counter affidavits within four weeks. Rejoinders thereto, if any, be filed within two weeks thereafter.
8. I am informed that respondent No. 1 has now attained the age of 59 years and would, in any event, attain the age of superannuation at 60 years. He has not been serving in the School for over three years now. In these circumstances, I am of the view that the School has made out a prima facie case for grant of interim relief, particularly having regard to the inconsistency between the case of respondent No.1 in the writ petition [W.P.(C) 144/2021] filed before this Court and in his appeal before the Tribunal. The question of whether a reduction in rank, as originally approved by DoE, was at all possible also requires further consideration. The balance of convenience is also in favour of such granting such an interim relief.
W.P.(C) 16006/2025 Page 3 of 4This 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 18/10/2025 at 00:06:24
9. Consequently, it is directed that the impugned order of the Tribunal, to the extent that it requires reinstatement of respondent No. 1, will not be executed until the next date of hearing.
10. I am informed that respondent No. 1 has filed a petition for contempt [CONT.CAS(C) 1494/2025] before this Court, in which notice has been issued. Ms. Ghosh states that this order will be brought to the notice of the contempt Court.
11. It is made clear that in the event the writ petitioner ultimately fails, the Court will consider consequential reliefs at that stage.
12. List before the learned Registrar on 06.01.2026.
13. List before the Court on 06.02.2026.
PRATEEK JALAN, J OCTOBER 16, 2025 'pv/KA'/ W.P.(C) 16006/2025 Page 4 of 4 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 18/10/2025 at 00:06:24