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Private School Teachers Granted Direct Access to Delhi High Court in Disputes with Management

12-Nov-2024 || By Editor

Now the dismissed teachers of private schools can directly approach the Delhi High Court regarding their issues. Taking a big decision, the Delhi High Court has given relief to thousands of teachers. A bench of Justice C Harishankar and Justice Sudhir Kumar Jain issued this order on the petition of a dismissed teacher of a minority school. 


The bench said that it will depend on the wish of the dismissed teacher whether he wants to knock the door of Delhi School Tribunal (DST) or file a writ petition directly in the High Court. According to the Delhi School Education Rules, a private school teacher had to file a petition in the DST in case of dismissal, due to which the matter remained "Stuck in DST for an Extended Period".

 

 Regarding this, dismissed teacher Harshpal Singh Negi had approached the High Court through his lawyers Khagesh Jha and Shikha Sharma Bagga. The lawyer, while presenting the argument before the division bench of the High Court, said that the DST is a powerless tribunal. If a teacher reaches here with his complaint, then many years are wasted. Despite this, DST is not even capable of implementing its orders. In such a situation, DST is nothing but a waste of time for private teachers. 


 Historic decision given on last working day

 This historic decision was given by Justice Sudhir Kumar Jain on his last working day on 7 November. Justice Jain retired on 8 November. Justice C Harishankar was also involved in this decision along with Justice Sudhir Kumar Jain. 


 Government school teachers apply in CAT 

On one hand, where private school teachers are forced to wander here and there with their issues, government school teachers send their every complaint to Central Administrative Tribunal (CAT). The government has to accept the decisions taken there. CAT is capable of implementing its orders. 

 

Five members mandatory in disciplinary committee 

Investigation by a five-member disciplinary committee is mandatory before taking action against a private school teacher, but in this case, the dismissed teacher claimed that the disciplinary committee set up for investigation against him had only four members. 

 

What was the matter 

Teacher Harshpal Singh Negi Claims Wrongful Dismissal. The single judge bench of the High Court rejected his petition saying that according to the provision, he will have to first go to DST regarding his case. "Decision Challenged Before Division Bench". In this case, Negi's lawyer presented detailed arguments regarding DST. After this, the division bench considered the fact that there is no proper forum for the complaints of teachers of private schools. Also, many previous decisions of the High Court were also seen in this case, after which the right to file a petition directly in the High Court was given.

 

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