Delhi High Court - Orders
Sunil Kumar Agarwal vs Air Force School And Anr on 27 January, 2023
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7659/2010
SUNIL KUMAR AGARWAL ..... Petitioner
Through: Mr. Saeed Qadri, Advocate
(M:9711609709)
versus
AIR FORCE SCHOOL AND ANR ..... Respondents
Through: Mr. Nikhil Palli, Ms. Kaunain
Fatma, Advocates for R-1
Mr. Satyakam, ASC with Ms.
Pallavii Singh, Advocate for R-
2 (M:7300767116)
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 27.01.2023 [Physical Hearing/ Hybrid Hearing]
1. Ld. counsel for petitioner has handed over compilation of judgments. He has specifically relied upon judgment in the case of Gajanand Sharma Vs. Adarsh Siksha Parisad Samiti & Ors., 2023 SCC Online SC 54. Relying upon the said judgment, ld. counsel for petitioner submits that as per Section 8 (2) of Delhi School Education Act-1973, prior approval of the Director of Education was needed before termination of an employee.
2. Ld. counsel for respondents on the other hand submits that the judgment in the case of Gajanand Sharma (Supra) would not be applicable to the respondent School for the reason that Section 8 (2) of the Delhi School Education Act-1973 was struck down by way of Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:30.01.2023 09:48:46 judgment in the case of Kathuria Public School Vs. Director of Education & Anr., 2005 SCC OnLine Del 778.
3. He submits that the said section was struck down on 22.07.2005 by the aforesaid judgment, according to which no prior approval was needed from the Director of Education for dismissal of an employee in case of private unaided school. Thus, he submits that the said section remained struck down qua private unaided school till the year 2016 when the judgment in the case of Raj Kumar Vs. Director of Education came to be passed by the Supreme Court in (2016) 6 SCC 541 dated 13.04.2016.
4. List for further arguments on 15.02.2023.
MINI PUSHKARNA, J JANUARY 27, 2023 au Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:30.01.2023 09:48:46