Management Committee Of Montfort ... vs Shri Vijay Kumar And Ors on 12 September, 2005
Therefore, in view of the categorical ratio of the judgment of the Supreme
Court in the case of Management Committee of Montfort Senior Secondary
School Vs. Sh. Vijay Kumar and Ors. (supra) and in view of the facts of this
case the respondent No. 1‟s services from the inception cannot be taken as
only contractual in nature and would be statutory in nature. Once the services
are statutory in nature, and admittedly the respondent No. 1 has not been
removed by following the provisions of conducting an enquiry and passing of
an order by the Disciplinary Authority as required under the Rules 118 to 120
of the Delhi School Education Rules, 1973, the respondent No. 1‟s services
cannot be said to have been legally terminated. Respondent No. 1, therefore,
continues to be in services.