Delhi High court judgment in the case titled S.S Tyagi v. Ravindra Public School, Justice Jyoti Singh decided on 01.10.2020 the issue if Section 8(4) of Delhi School Education Act and Rules, 1973 (DSEA & R) will be Applicable to private unaided educational institutions.
Section 8(4) of the Act provides that no employee of a recognized private school shall be suspended without the prior approval of the Director of Education (DOE). This is however subject to the stipulation in the first proviso to Section 8(4), which empowers the Managing Committee to suspend an employee with immediate effect, without obtaining the prior approval of the DOE, if it is satisfied that such an immediate suspension is necessitated by reason of the gross misconduct of the employee.
The second Proviso to Section 8(4) prescribes that no such immediate suspension shall remain in force beyond a period of fifteen days from unless and until the same is approved by the DOE before the expiry of the said period.
Petitioner, a teacher in a private unaided school (Ravindra Public School), was suspended from service on account of an imminent necessity due to reason of gross misconduct.
Petitioner contended that the Suspension order has been passed in violation of Section 8(4) of the DSEA & R as no approval from the DOE had been taken prior to suspension or with a period of 15 days from the date of actual suspension. Respondent School sought to defend the suspension order by contending that the provisions of Section 8(4) of DSEA&R do not apply to private unaided educational institutions.