1. The challenge in this petition by two petitioners is to the
advertisements dated August 20, 2014 and August 24, 2014 issued by the
respondent No.1, whereby applications from female candidates for the
post of Principal were invited with a further relief for declaring the post
of Principal a promotional post.
2. It is the submission of Mr.Ashok Agarwal, learned counsel for the
petitioners that in terms of the notification issued by the Education
Department the post of Principal need to be filled by promotion, failing
which by direct recruitment and not by direct recruitment as sought to be
W.P.(C) No.6106/2014 Page 1 of 21
done by the respondent Nos.1 & 2. According to him, the advertisements
are contrary to the Recruitment Rule of February 25, 1980 as amended
on January 29, 1991. It would be his submission that the respondent
No.1 being a non-minority unaided recognized private school is bound
by the provisions of the Delhi School Education Act, 1973 and the rules
made thereunder. The respondent Nos.1 and 2 are bound to follow the
rule as it has been categorically declared so in view of the notification
dated March 25, 1991 wherein it has been stated that as per Rule 104 of
the Delhi School Education Rules, 1973 every recognized aided/unaided
institution has to follow the recruitment rules as applicable to their
counterparts in Govt. Schools. It is also his submission that there is no
challenge to the Rules of February 25, 1980. Hence, the respondent Nos.
1 and 2 are required to first exhaust the channel of promotion before
resorting to the direct recruitment mode. The respondent Nos. 1 and 2
unfortunately overlooking several teachers in the respondent No.1 school
including the petitioners who are eligible for being considered for
promotion, in violation of the rule have issued the advertisements. He
would rely upon the judgments of the Supreme Court reported as 1998
(6) SCC 674 N.Ammad vs. The Manager, Emjay High School & Ors.
and Mrs. Usha Saini vs. Govt. of NCT of Delhi & Ors., W.P.(C)
6538/2006 decided on July 09, 2007.
Source: Indian Kanoon