Gurvinder Singh Saini vs School Management of Guru Harkishan Public School and Others

Rajiv Sahai Endlaw, J.—The grievance of the Petitioner claiming to be the Staff Secretary of the staff of Respondent No. 1 Guru Harkishan Public School, Hari Nagar, Delhi in this petition stated to be filed for benefit of and to claim directions for the entire staffs of the said School, is of non-compliance by the Respondent No. 1 GHP School, Hari Nagar, Delhi of Section 10 of the Delhi School Education Act. It is contended that the School is not paying to its staff the emoluments as being payable by Schools of Corresponding Status run by the Delhi Government.

Notice of the writ petition was issued and pleadings have been completed.

The counsel for the Respondent No. 1 School has today explained the difficulties for the reasons whereof it is admitted that the School is unable to pay the emoluments as per above terms. It is further informed that the Respondent No. 4 Directorate of Education (DOE) has already for the said reason derecognized the School on 4th February, 2011; that an appeal of the School to the Administrator, Delhi is pending consideration and is listed next on 3rd August, 2011.

Even though the Respondent No. 2 School may be facing difficulties, it cannot be absolved of complying with Section 10 (supra). Upon failure by the Respondent No. 1 School to comply with Section 10, the Respondent No. 4 DOE is required to take action against the Respondent No. 1 School and its Managing Committee and which action as aforesaid has already been taken.

However it is deemed expedient to grant time till the end of the current academic session i.e. till 31st March, 2012 to the Respondent No. 1 School to comply with Section 10 and to pay the emoluments in terms thereof including arrears, to its staff. If the Respondent No. 1 School fails to do so, the Respondent No. 4 DOE is directed to proceed further in accordance with law.

The writ petition is disposed of. No order as to costs.