Case Details: Rakesh Kumar Tomar vs. D.A.V. College Managing Committee [2025] 180 taxmann.com 251 (HC-Delhi)
Judiciary and Counsel Details
- Prateek Jalan, J.
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Anil Mittal, Shaurya Mittal & Atul Chauhan, Advs. for the Petitioner.
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Anurag Lakhotia & Udit, Advs. for the Respondent.
Facts of the Case
In the instant case, the original petitioner, a non-teaching employee working as an Accounts Clerk in a private unaided school affiliated to CBSE at Noida, was terminated on the ground of absence without leave for two years.
His representation against termination was rejected. Thereafter, he filed a writ petition challenging the termination order and the rejection of his representation. The School raised a preliminary objection that the writ petition regarding a service dispute against a private unaided school was not maintainable.
It was noted that the employment of non-teaching employees in a private unaided school has not been considered to be an inseparable part of the obligation to impart education, and, therefore, a writ petition would not lie in such a case.
High Court Held
The High Court held that the conditions of service of the original petitioner were not governed by the statutory framework. Further, affiliation of the respondent school to CBSE was also of no assistance to the petitioner. Therefore, the writ petition was to be disposed of, with liberty to petitioners to agitate their grievances in appropriate proceedings in accordance with the law.
List of Cases Referred to
- St. Mary’s Education Society v. Rajendra Prasad Bhargava (2023) 4 SCC 498 (para 4)
- Bharat Mata Saraswati Bal Mandir Senior Secondary School v. Vinita Singh 2023 SCC OnLine Del 3934 (para 7)
- Army Welfare Education Society v. Sunil Kumar Sharma 2024 SCC OnLine SC 1683 (para 11)
- Marwari Balika Vidyalaya v. Asha Srivastava [2019] 2 taxmann.com 1928 (SC) (para 12)
- Ramesh Ahluwalia v. State of Punjab [2013] 9 taxmann.com 572 (SC) (para 12)
- Andi Mukta Sadguru Shree Muktajee Vandas Swami Suvarna Jayanti Mahotsav Samark Trust v. V.R. Rudani (1992) 2 SCC 691 (para 12)
- Gregory Patrao v. Mangalore Refinery and Petrochemicals Limited (2022) 10 SCC 461 (para 13).
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