Delhi High Court - Orders
Madhu Gupta vs Cl Bhalla Dayanand Model School & Ors on 15 April, 2021
Author: V. Kameswar Rao
Bench: V. Kameswar Rao
$~20, 22 to 30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4300/2021, CM No. 13099/2021
MADHU GUPTA ..... Petitioner
Through: Mr.Sermon Rawat and Ms.Aastha
Vishwakarma, Advs.
versus
CL BHALLA DAYANAND MODEL SCHOOL & ORS.
..... Respondents
Through: Mr.Lakhotia, Adv. for R-1 to 3.
Mr.Santosh Kumar Tripathi, SC for
GNCTD/R-4 & 5
Ms. Avnish Ahlawat, SC for DoE
with Mr. Nitesh Kumar Singh, Mrs.
Tania Ahlawat & Ms. Palak
Rohmetra, Advs.
+ W.P.(C) 4489/2021, CM Nos. 13714-13715/2021
GOURI CHOPRA ..... Petitioner
Through: Mr.Sermon Rawat and Ms.Aastha
Vishwakarma, Advs.
versus
CL BHALLA DAYANAND MODEL SCHOOL & ORS.
..... Respondents
Through: Mr.Lakhotia, Adv. for R-1 to 3.
Ms. Avnish Ahlawat, SC for DoE
with Mr. Nitesh Kumar Singh, Mrs.
Tania Ahlawat & Ms. Palak
Rohmetra, Advs.
+ W.P.(C) 4493/2021, CM Nos. 13731-13732/2021
SUMEDHA SHARMA ..... Petitioner
Through: Mr.Sermon Rawat and Ms.Aastha
Vishwakarma, Advs.
versus
CL BHALLA DAYANAND MODEL SCHOOL & ORS.
..... Respondents
Through: Mr.Lakhotia, Adv. for R-1 to 3.
Ms.Mini Pushkarna, ASC with
Ms.Khushboo Nahar and Ms.Latika
Malhotra, Advs. for R-4 & 5
Ms. Avnish Ahlawat, SC for DoE
with Mr. Nitesh Kumar Singh, Mrs.
Tania Ahlawat & Ms. Palak
Rohmetra, Advs.
+ W.P.(C) 4494/2021, CM Nos. 13734-13735/2021
ASHA MENDIRATTA ..... Petitioner
Through: Mr.Sermon Rawat and Ms.Aastha
Vishwakarma, Advs.
versus
CL BHALLA DAYANAND MODEL SCHOOL & ORS.
..... Respondents
Through: Mr.Lakhotia, Adv. for R-1 to 3.
Mr.Rizwan, Adv. for R-4 & 5
Ms. Avnish Ahlawat, SC for DoE
with Mr. Nitesh Kumar Singh, Mrs.
Tania Ahlawat & Ms. Palak
Rohmetra, Advs.
+ W.P.(C) 4495/2021, CM Nos. 13736-13737/2021
SUNITA GUPTA ..... Petitioner
Through: Mr.Sermon Rawat and Ms.Aastha
Vishwakarma, Advs.
versus
CL BHALLA DAYANAND MODEL SCHOOL & ORS.
..... Respondents
Through: Mr.Lakhotia, Adv. for R-1 to 3.
Ms.Vibha Mahajan Seth, Adv. for R-4
&5
Ms. Avnish Ahlawat, SC for DoE
with Mr. Nitesh Kumar Singh, Mrs.
Tania Ahlawat & Ms. Palak
Rohmetra, Advs.
+ W.P.(C) 4496/2021, CM Nos. 13738-13739/2021
HARSH TAKKAR @ HARSH TAKKAR SINDHWANI
..... Petitioner
Through: Mr.Sermon Rawat and Ms.Aastha
Vishwakarma, Advs.
versus
CL BHALLA DAYANAND MODEL SCHOOL & ORS.
..... Respondents
Through: Mr.Lakhotia, Adv. for R-1 to 3.
Mr.Ankur Chhiber, Mr.H. S. Tiwari,
Mr.Harsh Dhankaer, Mr.Anshuman
Mehrotra and Mr.Nikunj Arora, Advs.
for respondent
Ms. Avnish Ahlawat, SC for DoE
with Mr. Nitesh Kumar Singh, Mrs.
Tania Ahlawat & Ms. Palak
Rohmetra, Advs.
+ W.P.(C) 4497/2021, CM Nos. 13740-13741/2021
SUNAINA CHOPRA ..... Petitioner
Through: Mr.Sermon Rawat and Ms.Aastha
Vishwakarma, Advs.
versus
CL BHALLA DAYANAND MODEL SCHOOL & ORS.
..... Respondents
Through: Mr.Lakhotia, Adv. for R-1 to 3.
Ms. Avnish Ahlawat, SC for DoE
with Mr. Nitesh Kumar Singh, Mrs.
Tania Ahlawat & Ms. Palak
Rohmetra, Advs.
+ W.P.(C) 4498/2021, CM Nos. 13742-13743/2021
CHARU GROVER ..... Petitioner
Through: Mr.Sermon Rawat and Ms.Aastha
Vishwakarma, Advs.
versus
CL BHALLA DAYANAND MODEL SCHOOL & ORS.
..... Respondents
Through: Mr.Lakhotia, Adv. for R-1 to 3.
Mr.Rizwan and Mr. BKV
Subrahmanyam, Advs. for R-4 & 5
Ms. Avnish Ahlawat, SC for DoE
with Mr. Nitesh Kumar Singh, Mrs.
Tania Ahlawat & Ms. Palak
Rohmetra, Advs.
+ W.P.(C) 4500/2021, CM Nos. 13746-13747/2021
MEENAKSHI SHARMA ..... Petitioner
Through: Mr.Sermon Rawat and Ms.Aastha
Vishwakarma, Advs.
versus
CL BHALLA DAYANAND MODEL SCHOOL & ORS.
..... Respondents
Through: Mr.Lakhotia, Adv. for R-1 to 3.
Mr.Gaurav Dhingra and Ms.Shobhana
Oberoi, Advs. for R-4 & 5
Ms. Avnish Ahlawat, SC for DoE
with Mr. Nitesh Kumar Singh, Mrs.
Tania Ahlawat & Ms. Palak
Rohmetra, Advs.
+ W.P.(C) 4542/2021, CM No. 13937/2021
SEEMA ANIL KAPOOR ..... Petitioner
Through: Mr.Sermon Rawat and Ms.Aastha
Vishwakarma, Advs.
versus
CL BHALLA DAYANAND MODEL SCHOOL & ORS.
..... Respondents
Through: Mr.Lakhotia, Adv. for R-1 to 3.
Mr.Naushad Ahmed Khan, ASC for
R-4
Ms. Avnish Ahlawat, SC for DoE
with Mr. Nitesh Kumar Singh, Mrs.
Tania Ahlawat & Ms. Palak
Rohmetra, Advs.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
ORDER
% 15.04.2021 These matters are being heard through video-conferencing and are taken up for hearing as April 14, 2021, was declared holiday. CM No. 13714/2021 in W.P.(C) 4489/2021 CM No. 13731/2021 in W.P.(C) 4493/2021 CM No. 13734/2021 in W.P.(C) 4494/2021 CM No. 13736/2021 in W.P.(C) 4495/2021 CM No. 13738/2021 in W.P.(C) 4496/2021 CM No. 13740/2021 in W.P.(C) 4497/2021 CM No. 13742/2021 in W.P.(C) 4498/2021 CM No. 13746/2021 in W.P.(C) 4500/2021 Exemption allowed subject to all just exceptions. Applications are disposed of.
W.P.(C) 4300/2021, CM No. 13099/2021(stay) W.P.(C) 4489/2021, CM No. 13715/2021(stay) W.P.(C) 4493/2021, CM No. 13732/2021(stay) W.P.(C) 4494/2021, CM No. 13735/2021(stay) W.P.(C) 4495/2021, CM No. 13737/2021(stay) W.P.(C) 4496/2021, CM No. 13739/2021(stay) W.P.(C) 4497/2021, CM No. 13741/2021(stay) W.P.(C) 4498/2021, CM No. 13743/2021(stay) W.P.(C) 4500/2021, CM No. 13747/2021(stay) W.P.(C) 4542/2021, CM No. 13937/2021(stay)
1. Issue notice. Mr.Lakhotia, learned Advocate, accepts notice for respondent No.1 to 3. Mr.Santosh Kumar Tripathi, learned Standing Counsel, accepts notice for respondent Nos.4 and 5 in W.P.(C) 4300/2021, Ms.Mini Pushkarna, learned ASC, accepts notice for respondent Nos.4 and 5 in W.P.(C) 4493/2021, Mr.Rizwan, learned Advocate, accepts notice for Respondent Nos. 4 & 5 in W.P.(C) 4494/2021, Ms.Vibha Mahajan Seth, learned Advocate, accepts notice for Respondent Nos.4 & 5 in W.P.(C) 4495/2021, Mr.Ankur Chhiber, learned Advocate, accepts notice for respondent in W.P.(C) 4496/2021, Mr.Rizwan, learned Advocate, accepts notice for respondent Nos. 4 and 5 in W.P.(C) 4498/2021, Mr.Gaurav Dhingra, learned Advocate, accepts notice for respondent Nos.4 and 5 in W.P.(C) 4500/2021 and Mr.Naushad Ahmed Khan, learned ASC, accepts notice for respondent No.4 in W.P.(C) 4542/2021.
2. Let notice be issued to the other respondents returnable on the date fixed.
3. Mr. Rawat presses the application(s) for stay of Transfer Order dated March 26, 2021.
4. According to him, this Court, in the case of Anjna Sharma and ors v. Shishu Bharti Vidyalaya and others W.P.(C) 682/2013 decided on December 06, 2013, has, in the case of a Teacher appointed in a recognized School under the Delhi School Education Act held that such a teacher cannot be transferred out of Delhi. He states that in view of the position of law, the Transfer Order dated March 26, 2021 need to be stayed.
5. On the other hand, Mr. Lakhotia appearing for the respondent Nos.1 to 3 opposed the prayer by stating that the Schools, under the DAV College Managing Committee, have no vacancies where the petitioners can be accommodated. He submits, in view of the limited income generated by the Schools of the Committee, as many of the parents are not paying the complete fee, the vacancies cannot be created. In fact, the Committee is unable to pay the salary of teachers in the other Schools as well. He states, because of lack of vacancies, the respondent School / Committee instead of taking a drastic action of terminating the services of the petitioners, has transferred them out of Delhi.
6. Even on transfer, the petitioners are not required to physically go to the transferred place as they can hold classes, online. He seeks support from the judgment of this Court in the case of Mount Abu Education Society v. Anshu Sharma and Anr. W.P.(C) 3964/2011 decided on August 29, 2011, wherein this Court held that in the absence of a post, a teacher cannot be accommodated.
7. Ms. Ahlawat, Standing Counsel appearing for the Directorate has justified the order dated January 21, 2021 passed by the Directorate wherein a condition has been put directing the School / Committee to adjust all the staff working in the respondent Nos.1 and 2, in the Schools run by the Committee within the jurisdiction of NCT of Delhi. According to her, the Committee is running 36 such Schools, which are recognized and unaided and the petitioners being only 16 and one teacher is retiring on April 30, 2021, they can easily be accommodated / adjusted. She also, like Mr. Rawat, states that the petitioners cannot be transferred to a jurisdiction where Delhi School Education Act is not applicable.
8. Having heard the learned counsel for the parties, the issue that falls for consideration is, whether the respondent School / Committee can transfer the petitioners outside Delhi only on the ground that there are no vacancies in other recognized Schools run by the Committee within the NCT of Delhi.
9. In view of the judgment of this Court in Anjna Sharma and ors (supra), this Court is of the prima facie view that the petitioners cannot be transferred out of NCT of Delhi. The issue that there are no vacancies in the 36 Schools run by the Committee, has to be decided on the basis of the pleadings of the parties. Pending filing of the pleadings, this Court deem it appropriate to direct the respondent Nos. 1 and 3 not to insist upon the petitioners join the place of posting pursuant to the order dated March 26, 2021 till the next date of hearing.
10. Counter affidavits be filed within three weeks. Rejoinders thereto, if any, be filed within two weeks thereafter. List on July 13, 2021.
11. A copy of this order be placed in all the petitions.
V. KAMESWAR RAO, J APRIL 15, 2021/bh/ak