Delhi High Court - Orders
Balwan Singh vs Delhi Skill And Entrepreneurship ... on 19 March, 2025
Author: Prateek Jalan
Bench: Prateek Jalan
$~78
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3387/2025
BALWAN SINGH ....Petitioner
Through: Mr. Praveen Swarup, Mr. Devesh
Maurya, Mr. Sukhamrit Singh and
Mr. Ravi Kumar, Advocates.
versus
DELHI SKILL AND ENTREPRENEURSHIP UNIVERSITY
AND ORS .....Respondents
Through: Mr Shivendra Singh, Advocate
with Ms Prakriti Rastogi, Advocate
for DSEU.
Mr. Gaurav Dhingra and
Mr.Shashank Singh, Advocates for
R-2.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 19.03.2025 CM APPL. 15999/2025 (for exemption)
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 3387/2025, CM APPL. 15998/2025 (for stay)
1. Issue notice. Mr. Shivendra Singh, learned counsel, accepts notice on behalf of respondent Nos. 1 & 3-Delhi Skill and Entrepreneurship University ["DSEU"], and Mr. Gaurav Dhingra, learned counsel, accepts notice on behalf of respondent No. 2-Department of Training and Technical Education ["DTTE"].
W.P.(C) 3387/2025 Page 1 of 3This 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 11/04/2025 at 22:26:36
2. The petitioner is serving as a Foreman Instructor (Mechanical Engineering) in the Aryabhatt Campus of DSEU. He assails an order dated 13.02.2025, by which he was transferred from the Aryabhatt campus of DSEU to Okhla-II campus.
3. Mr. Praveen Swarup, learned counsel for the petitioner, relies upon several orders passed by this Court in various writ petitions, by which similar transfer orders passed by DSEU have been stayed in cases of employees, who were originally employed by DTTE, Government of National Capital Territory of Delhi ["GNCTD"]. The services of such employees including the petitioner, have been placed at the disposal of DSEU, consequent upon a merger of the institutes of technology under DTTE into DSEU. The first of such orders, which has been placed on record, is an order dated 27.09.2023 in W.P.(C) No.12804/2023, and the latest is an order dated 10.03.2025 in W.P.(C) No. 3017/2025.
4. In the present case, Mr. Singh submits that there is a distinction between the two cases, inasmuch as the petitioner herein is a non- teaching employee, whereas the earlier writ petitions have been filed by teaching faculty of DSEU.
5. The orders in question have, however, been passed on the basis that DSEU has no power to transfer employees, who were originally appointed by DTTE. Mr. Singh is unable, at this stage, to point to any distinction in the rule position with regard to teaching employees and non-teaching employees, which would justify the different treatment that he advocates.
6. For the present, following the orders passed in similar writ petitions, the impugned order dated 13.02.2025 shall remain stayed, W.P.(C) 3387/2025 Page 2 of 3 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 11/04/2025 at 22:26:36 subject to further orders in the writ petition.
7. It may be noted that, despite prima facie findings recorded in several orders, that DSEU does not possess any power to transfer such employees, orders of the same nature are being passed time and again, compelling the concerned employees to approach the Court and seek orders of stay. Mr. Singh assures the Court that he will advise DSEU appropriately.
8. Counter affidavits be filed within four weeks. Rejoinders thereto, if any, may be filed within two weeks thereafter.
9. List on 05.08.2025.
PRATEEK JALAN, J MARCH 19, 2025/uk/AD/ W.P.(C) 3387/2025 Page 3 of 3 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 11/04/2025 at 22:26:37