19 January 2024 Administrative Law >> Constitution & Law Procedure   |   Employee Related >> Corporate Law   |   Education >> Miscellaneous  

In a recent judgment, the Delhi High Court (Court) has directed an unaided minority school (School) to compensate a teacher (Respondent) for wages withheld during an improperly imposed suspension. The dispute centered on the School's failure to adhere to the mandatory provisions of Section 8(4) of the Delhi School Education Act, 1973 (DSE Act).

Factual Matrix:

The Respondent, employed by the School for nearly two decades, faced suspension in contemplation of disciplinary proceedings. However, the School bypassed the statutory requirement under Section 8(4) of the DSE Act, which mandates seeking prior approval from the Director of Education (Director) before suspending an employee.

School's Contention:

The School challenged the applicability of Section 8(4) to their institution, citing their status as an unaided minority institution. They argued for autonomy in handling internal disciplinary matters concerning their staff, including suspensions.

Court's Reasoning:

The Court rejected the School's argument. It relied on established judicial precedents, specifically citing Frank Anthony Public School Employees Assn. vs. Union of India and G. Vallikumari vs. Andhra Education Society. These landmark judgments affirmed the application of Section 8(4) to unaided minority schools. The Court reasoned that Section 8(4) represents a legitimate exercise of the Director's limited supervisory powers to ensure proper administration within such institutions.

Outcome:

The Court dismissed the School's appeal, upholding the lower court's order. The School is obligated to pay the Respondent's full salary for the period of suspension.

Unresolved Issue:

A dispute persists between the parties regarding the precise calculation of the payable amount mandated by the Court's order. The Court advised them to resolve this matter through separate proceedings.

  Delhi School Education Act, 1973