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1 - 10 of 12 (0.74 seconds)The Delhi School Education Act, 1973
Section 8 in The Delhi School Education Act, 1973 [Entire Act]
Section 18 in The Delhi School Education Act, 1973 [Entire Act]
Rajasthan Non-Government Educational Institutions Act, 1989
Kailash Chandra Sharma vs C. G. State Agriculture Marketing Board ... on 5 December, 2019
14. This Court has laid down in Raj Kumar v. Director of
Education [Raj Kumar v. Director of Education, (2016) 6
SCC 541 : (2016) 2 SCC (L&S) 111] that the intent of the
legislature while enacting the Delhi School Education Act,
1973 (in short “the DSE Act”) was to provide security of
tenure to the employees of the school and to regulate the
terms and conditions of their employment. While the
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functioning of both aided and unaided educational
institutions must be free from unnecessary governmental
interference, the same needs to the reconciled with the
conditions of employment of the employees of these
institutions and provision of adequate precautions to
safeguard their interests. Section 8(2) of the DSE Act is
one such precautionary safeguard which needs to be
followed to ensure that employees of educational
institutions do not suffer unfair treatment at the hands of
the management.”
5.5 Even on fair reading of Section 18 of the Act, 1989, we are
of the opinion that in case of termination of an employee of
a recognized institution prior approval of the Director of
Education or an officer authorised by him in this behalf
has to be obtained. In Section 18, there is no distinction
between the termination, removal, or reduction in rank
after the disciplinary proceedings/enquiry or even without
disciplinary proceedings/enquiry. As per the settled
position of law the provisions of the statute are to be read
as they are. Nothing to be added and or taken away. The
words used are “no employee of a recognized institution
shall be removed without holding any enquiry and it
further provides that no final order in this regard shall be
passed unless prior approval of the Director of Education
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has been obtained.” The first part of Section 18 is to be
read along with first proviso.
Mangal Sain Jain vs Principal, Balvantray Mehta Vidya ... on 10 August, 2020
Therefore, a contrary view taken by the Larger Bench of
the High Court relied upon by the Division Bench of the
High Court is not a good law. It is required to be noted that
the decision of this Court in the case of Raj Kumar (supra)
has been considered by this Court in the case of Marwari
Balika Vidyalaya (supra) and also by the Delhi High Court
in the case of Mangal Sain Jain (supra).
Raj Kumar vs Dir.Of Education & Ors on 13 April, 2016
3. Now so far as the impugned judgment and order passed by
the Division Bench of the High Court upholding the order
of termination and quashing and setting aside the orders
passed by the learned Tribunal and the learned Single
Judge is concerned, it is vehemently submitted by the
learned counsel appearing on behalf of the appellant –
employee that as such the High Court has materially erred
in not following the binding decision of this Court in the
case of Raj Kumar (supra).
Marwari Balika Vidyalaya vs Asha Srivastava on 14 February, 2019
Therefore, a contrary view taken by the Larger Bench of
the High Court relied upon by the Division Bench of the
High Court is not a good law. It is required to be noted that
the decision of this Court in the case of Raj Kumar (supra)
has been considered by this Court in the case of Marwari
Balika Vidyalaya (supra) and also by the Delhi High Court
in the case of Mangal Sain Jain (supra).
Central Academy Society vs Raj. Non-Govt. Edu. Institutions ... on 7 March, 2001
It is
submitted that therefore, the Division Bench of the High
Court has materially erred in taking the contrary view than
the decision of this Court in the case of Raj Kumar (supra)
and the Division Bench of the High Court has materially
erred in relying upon the Larger Bench’s
judgment/decision in the case of Central Academy
Society (supra) and taking the view that in case of
termination followed by the disciplinary
proceedings/enquiry, Section 18 requiring the prior
approval of the Director of Education shall not be
applicable.