Sudha v. Maharaja Agrasain Public School And ORS

$~42 & 43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3897/2021 & CM APPL. 2536/2023 KIRAN SHARMA .....Petitioner Through:

Mr. Khagesh B. Jha, Ms. Shikha Sharma Bagga, Mr. Ankit Mann, Ms.

Jyoti Shokeen & Ms.Anisha Dhariwan, Advs.

versus MAHARAJA AGRASAIN PUBLIC SCHOOL AND ORS .....Respondents Through:

Mr. Akshit Sachdeva & Mr. Arun Kumar, Advs. for R-1.

Mrs. Avnish Ahlawat, SC, GNCTD with Mr. Nitesh Kumar Singh, Ms.

Aliza Alam & Mr.

Mohnish Sehrawat, Advs.

+ W.P.(C) 3898/2021 & CM APPL. 2577/2023 SUDHA .....Petitioner Through:

Mr. Khagesh B. Jha, Ms. Shikha Sharma Bagga, Mr. Ankit Mann, Ms.

Jyoti Shokeen & Ms.Anisha Dhariwan, Advs.

versus MAHARAJA AGRASAIN PUBLIC SCHOOL AND ORS .....Respondents Through:

Mr. Akshit Sachdeva & Mr. Arun Kumar, Advs. for R-1.

Mrs. Avnish Ahlawat, SC, GNCTD with Mr. Nitesh Kumar Singh, Ms.

Aliza Alam & Mr.

Mohnish Sehrawat, Advs 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 06/11/2025 at 11:55:32

CORAM:

HON'BLE MR. JUSTICE AVNEESH JHINGAN

O R D E R

% 30.10.2025 1.

These petitions are filed challenging the termination of service on the ground that the petitioners had not cleared Common Teachers Eligibility Test ('CTET').

2.

Learned counsel for the respondents raises preliminary objection that the statutory remedy is available before the Delhi School Tribunal (for short 'tribunal').

3.

Learned counsel for the petitioners submits that the petitioners are out of service and may not be relegated to the tribunal. 4.

Considering that the petitioners have a statutory remedy, the petitions are disposed of relegating the petitioners before the tribunal. Considering that the petitions are pending before this Court since 2021, in the eventuality of the petitioners filing the appeal within six weeks, the tribunal shall consider the appeal in accordance with law on merits. 5.

Learned counsel for both the parties have relied upon the decision of the Supreme Court in Anjuman Ishaat-e-Taleem Trust v. State of Maharashtra & Ors.; 2025 SCC OnLine SC 1912. Considering that the petitioners are out of service since 2021, the endeavor of the tribunal to expeditiously decide the appeal shall be appreciated. AVNEESH JHINGAN, J OCTOBER 30, 2025/ ha 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 06/11/2025 at 11:55:32