- Writ Jurisdiction:
- The Delhi High Court has clarified when private unaided schools can be subject to writ jurisdiction under Article 226 of the Indian Constitution. This is significant because it determines when a court can intervene in the school’s actions.
- Statutory Service Conditions:
- The crucial factor is whether the school’s service conditions are governed by statutory provisions, such as the Delhi School Education Act and Rules, 1973 (DSEAR).
- If the service conditions are indeed governed by such statutory rules, then the High Court can exercise writ jurisdiction.
- Case Details:
- The ruling stemmed from a case involving a Post-Graduate Teacher in Chemistry who was denied re-employment after reaching the age of 60.
- The court found that the teacher’s service conditions were regulated by the DSEAR, thus making the school subject to writ jurisdiction.
- Court’s Decision:
- The Delhi High Court ordered the school to re-employ the teacher until April 30, 2025, with all applicable benefits, including back pay.
- The court also issued fines against the school.
- Significance:
- This ruling provides important legal clarity on the extent to which private unaided schools are subject to judicial review.
- It reinforces that when statutory rules govern service conditions, these schools cannot operate entirely outside the purview of the courts.
In essence, the Delhi High Court’s decision emphasizes that even private unaided schools must adhere to statutory service regulations, and failure to do so can result in judicial intervention.
