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Judgment
The Appellant, Ms. Janak Katyal has unsuccessfully challenged her termination/removal, in the Writ Petition (Civil) No. 9437/2005 which has been dismissed by the impugned order dated 20th August, 2009. Learned Single Judge has held that the Respondent school was not required to take approval for closure of the unrecognized nursery wing and there has been no violation of Rule 46 of the Delhi School Education Rules, 1973. The prayer made by the Appellant for action u/s 20 of the Delhi School Education Act, 1973 was also rejected.
Learned Counsel for the Appellant submitted that the Respondent school is a recognized school and, therefore, aforesaid Act and Rules are applicable. In view of the said contention, notice was directed to be issued vide order dated 16th November, 2009 and Director of Education, Respondent No. 3 herein, was directed to produce entire record of recognition of the school.
The Respondent school has, however, filed documents along with index dated 23rd February, 2010 and 18th May, 2010. These documents pertained to recognition of classes I to XII in the Respondent school. The Nursery Section of the Respondent school is not recognized under the aforesaid Act. Learned Counsel for the Department of Education, during the course of hearing, has admitted that the nursery section was not recognized and therefore, the aforesaid Act and Rules were not applicable to the nursery section of the Respondent school. It may be noted that the Respondent school is not a State within the meaning of Article 12 of the Constitution.
In view of the aforesaid position, we do no find any merit in the present appeal and the same is dismissed. It is clarified that this Court has not expressed any opinion whether or not the Appellant herein is entitled to initiate proceedings under the Industrial Disputes Act, 1947. No costs.