Jyoti v. Telugu Primary School & ORS.

$~81 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 1373/2026 JYOTI .....Petitioner Through:

Mr. Anuj Aggarwal, Mr. Pradeep Kumar, Ms. Kritika Matta, Ms. Tanya Rose & Ms.

Shreya Gupta, Advocates.

versus TELUGU PRIMARY SCHOOL & ORS.

.....Respondents Through:

Mr. Hanu Bhasker, Advocate for R-1, 2 & 4.

Mr. Anand Prakash, SC, MCD with Ms. Varsha Arya & Mr. Satbeer, Advocates for R-3.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 02.02.2026 1.

The Petitioner is working as an Assistant/Primary Teacher in Telugu Primary School (Respondent No. 1). Her grievance pertains to the denial of the first financial upgradation under the Modified Assured Career Progression Scheme ("MACP"). The said request was rejected by the Respondent vide the impugned communication dated 30th October, 2023. A perusal of the impugned communication shows that it has been issued on the letterhead of Andhra Educational Society, Telugu Middle School (Linguistic Minority School).

2.

It is not in dispute that Telugu Primary School and Telugu Middle School are separate and distinct entities, though both function under the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/02/2026 at 13:12:34

aegis of the Andhra Educational Society. The impugned decision denying the benefit of the first MACP ought to have been taken by the employer of the Petitioner, namely Telugu Primary School. The rejection by Telugu Middle School, in the opinion of this Court, therefore, cannot be sustained in law, being a separate entity.

3.

Accordingly, without entering into the merits of the Petitioner's claim, the present petition is disposed of with a direction to Telugu Primary School (Respondent No. 1) to consider and decide the Petitioner's request for grant of the first MACP in accordance with law, in light of the representations submitted by her. It is clarified that the impugned communication dated 30th October, 2023, issued by Telugu Middle School, is set aside and shall not influence or prevail upon the decision to be taken by Telugu Primary School, which shall independently consider the Petitioner's claim on its own merits and in accordance with law. 4.

All rights and contentions of the parties are left open. The decision taken by Telugu Primary School shall be communicated to the Petitioner within a period of six weeks from today. In the event the Petitioner's request is declined, she shall be at liberty to avail appropriate remedies in accordance with law.

SANJEEV NARULA, J FEBRUARY 2, 2026/hc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/02/2026 at 13:12:34