Delhi High Court - Orders
Augustine M J vs Hamdard Public School And Ors on 19 January, 2024
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~11 to 13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2143/2017
AUGUSTINE M J ..... Petitioner
Through: Mr. Aldanish Rein, Advocate
versus
HAMDARD PUBLIC SCHOOL AND ORS ..... Respondents
Through: Mr. Ajay Pal Singh Kullar and Mr. K.
V. Sriwas Narayanan, Advocates for
R-1 & 2
Ms. Manisha Jain, Advocate for R-3
(12)
+ W.P.(C) 5510/2017
ROOHI RAHMAN ..... Petitioner
Through: Mr. Javed Ahmad and Ms. Aakriti
Aditya, Advocates
versus
HAMDARD PUBLIC SCHOOL AND ORS ..... Respondents
Through: Mr. Ajay Pal Singh Kullar and Mr. K.
V. Sriwas Narayanan, Advocates for
R-1 & 2
Ms. Manisha Jain, Advocate for R-3.
Mr. Satyakam,ASC, GNCTD with
Mr. Pradyt Kashyap, Advocate for R-
4
(13)
+ W.P.(C) 5609/2017 & CM APPL. 23520/2017
SUMAN JHA ..... Petitioner
Through: Mr. Javed Ahmad and Ms. Aakriti
Aditya, Advocates
W.P.(C) 2143/2017 & connected matters. 1
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 25/01/2024 at 02:38:08
versus
HAMDARD PUBLIC SCHOOL AND ORS ..... Respondents
Through: Mr. Ajay Pal Singh Kullar and Mr. K.
V. Sriwas Narayanan, Advocates for
R-1 & 2
Ms. Manisha Jain, Advocate for R-3
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 19.01.2024 (The proceeding has been conducted through Hybrid Mode)
1. In these present petitions, the petitioners have challenged the suspension order on the ground that the same violates the provision of sub section (4) of Section 8 of The Delhi School Education Act, 1973 in as much as, no prior approval of the Director was sought before issuing the suspension order.
2. The petitioners also challenge the issuance of the chargesheet by the Principal, who according to the petitioners is an incompetent authority placing reliance on Rule 120 of The Delhi School Education Rules, 1973.
3. Learned counsel appearing for the petitioners relies upon the judgment of Coordinate Bench of this Court titled as S. S. Tyagi Vs. Ravindra Public School and Another (W.P.(C) 4048/2020) rendered on 01.10.2023 reported as 2020 SCC OnLine Del 2084 on the aspect of suspension order requiring mandatory prior approval of the Director of Education as also in the case of Mangal Sain Jain Vs. W.P.(C) 2143/2017 & connected matters. 2 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 25/01/2024 at 02:38:08 Principal Balwantray Mehta Vidya Bhawan & Ors. reported in 2020 SCC Online Del 2608 in respect of the competency of the authority issuing the charge sheet.
4. Learned counsel submits that in both cases this Court had quashed the suspension order as also the charge sheet.
5. Learned counsel appearing for the respondent no. 1 and 2 submits that the suspension order passed under Section 8 of Delhi School Education Act, 1973 would be subject matter of jurisdiction by Delhi School Tribunal and the same cannot be assailed in petition under Article 226 of the Constitution of India. He relies upon the judgment of learned Division Bench of this Court in Kathuria Public School Vs. Director of Education reported in 2005 SCC OnLine Del 778. He however submits that he does not have a copy of the same in hand. He seeks a short accommodation on that ground.
6. List again on 07.05.2024.
TUSHAR RAO GEDELA, J JANUARY 19, 2024/ms W.P.(C) 2143/2017 & connected matters. 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 25/01/2024 at 02:38:09