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.