Rose Deb vs Chairman, Ryan International Schools, New Delhi and Others

Arun Tandon, J.—Heard learned counsel for the petitioner and Sri Pratik Jena, learned counsel for respondent nos. 1 to 3.

Petitioner was employed in the institution, which is a private self financed institution. According to the petitioner, institution is recognised under the DELHI SCHOOL EDUCATION ACT 1973. He has been dismissed from service under the order of Principal. Not being satisfied, he filed an appeal before the Appellate Tribunal under Section 11 of Delhi Education Act 1973. The tribunal at Delhi has dismissed the appeal on the ground that it has no territorial jurisdiction as the petitioner is working in an institution at Noida in the state of U.P.. The petitioner has therefore approached this Court.

It is contented on behalf of the petitioner that since the institution is recognised under the Delhi Education Act, 1973, the order of tribunal holding that it had no jurisdiction to entertain the appeal as the institution is situated in U.P. is misconceived even otherwise he challenges the order of termination on various grounds raised in the petition.

I am of the considered opinion that petition is totally misplaced. Clause 2 of Section 1 of Delhi shows Education Act 1973 declares that the territorial area of operation of the Act is the territory of Delhi. Similarly Section 3 of the Delhi Education Act confers authority upon the Delhi Education Board to grant recognition to the institution lying within union territory of Delhi. This Court has, therefore, no hesitation to hold that institution established within the territorial limits of Delhi alone would be granted recognised under the said Act. The Act has no extra territorial operation. In view of the aforesaid, this Court finds that provision of Delhi Education Act can not be made applicable to any institution established out side the territorial limits/area of operation of the Act. Consequently, this Court hold that no relief as prayed for qua breach of the provision of the Delhi Education Act can be considered or granted by this Court. Therefore, this writ petition is dismissed.

However, liberty is reserved for the petitioner to challenge the order of Delhi School Tribunal before the Court having territorial jurisdiction of the same.