TaxTMI 
TaxTMI 
2019 (2) TMI 1961
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....cation, West Bengal for his opinion who in turn requested the District Inspector of Schools concerned to submit a declaration from respondent No.1 herein that she would not claim any arrear of salary. Respondent No.1 unwillingly agreed to such an undertaking. 3. Thereafter, there was a delay in granting approval and respondent No.1 on 27.11.2000 filed a Writ Application No.3232 of 2000 before the High Court seeking Writ of Mandamus commanding the Director of School Education, West Bengal and concerned District Inspector of Schools to accord approval of the appointment. The High Court vide order dated 18.12.2000 in W.P. No.3232/2000 disposed of the Writ Petition with direction to Director of School Education to consider the matter with regard to approval of the appointment of respondent No.1 as Assistant Teacher in appellant school within a period of six weeks. 4. The order passed in the Writ Petition was communicated to the appellant-school which resulted in a show cause notice being issued by the Secretary of the Managing Committee to respondent No.1 herein asking as to why she moved the said Writ Application impleading the District Inspector of Schools (Primary Education) Calcu....
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....ygunge Shiksha Samity & Ors. (2006) 7 SCC 680 and Satimbla Sharma & Ors. v. St. Paul's Senior Secondary School & Ors. (2011) 13 SCC 760. 9. It was also submitted on behalf of appellant that the Single Judge or the Division Bench should have gone into the legality of the termination order and on the grounds on which the termination order had been passed. The respondent employee was guilty of insubordination and using foul language as mentioned in the order of termination. Learned counsel also pointed out that the explanation was asked from the respondent-employee but she could not submit a satisfactory explanation and consequently her services were terminated. He submitted that she was heard and there was no violation of principles of natural justice. 10. He also urged that no prayer was made in the writ application for grant of back wages and the Division Bench has not assigned any reason for granting relief of reinstatement in the instant case. Learned counsel prayed that back wages should not be granted in case reinstatement part is upheld. 11. Mr. Arun K. Sinha learned counsel on behalf of the respondent-employee has relied upon the decision of this Court in Ramesh Ahluwa....
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....ssed without the prior approval of the Director of Education. This is to avoid arbitrary or unreasonable termination or dismissal of an employee of a recognised private school." 14. This Court has laid down in Raj Kumar v. Director of Education & Ors. (supra) that the intent of the legislature while enacting the Delhi School Education Act, 1973 (in short, 'the DSE') was to provide security of tenure to the employees of the school and to regulate the terms and conditions of their employment. While the 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. 15. Writ application was clearly maintainable in view of aforesaid discussion and more so in view of the decision of this Court in Ramesh Ahluwalia v. State of Punjab & Ors. (supra) in which ....
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....ated in numerous judgments of this Court including the judgments in Unni Krishnan and Zee Telefilms Ltd. brought to our notice by the learned counsel for the appellant Mr. Parikh. 14. In view of the law laid down in the aforementioned judgment of this Court, the judgment of the learned Single Judge as also the Division Bench of the High Court cannot be sustained on the proposition that the writ petition would not maintainable merely because the respondent institution is a purely unaided private educational institution. The appellant had specifically taken the plea that the respondents perform public functions i.e. providing education to children in their institutions throughout India." (emphasis supplied) It is apparent from the aforesaid decisions that the Writ Application is maintainable in such a matter even as against the private unaided educational institutions. 16. Learned Senior Counsel relied upon the decision of this Court in Committee of Management, Delhi Public School & Anr. v. M.K. Gandhi & Ors. (supra) wherein the question of termination of services of teachers was involved. The Committee of Management filed a Civil Appeal in this Court against the decision of All....
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....ded educational institutions to implement the recommendations of the Third Pay Commission, they were implemented by the schools as part of their agreement with the teachers. Though the management also implemented the recommendations of the Third Pay Commission in the sense that the salaries of the teachers were hiked in terms of the said report, the institution refused to give retrospective effect to the enhancement. The institution refused to give effect to the recommendations of the Third Pay Commission retrospectively w.e.f. 1.1.1998. Ultimately, this Court observed in Sushmita Basu (supra) that the Writ of Mandamus by the Court issued against the private institutions would be justified only if a public law element is involved. 19. The factual matrix in Sushmita Basu (supra) was different. It was with respect to the parity with the Government aided institution and the teachers working in unaided institutions and schools were not bound to implement recommendations of Pay Commission. No such proposition is involved in the present matter. Hence, the decision has no application to the instant case. 20. In view of the aforesaid discussion, we have no hesitation to hold that the Wri....