Bibha Joshi Sharma v. Managing Committee Sri Sathya Sai Vidya Vihar & ANR.

$~61 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BIBHA JOSHI SHARMA .....Petitioner Through:

Ms. Indrani Ghosh, Advocate.

versus MANAGING COMMITTEE SRI SATHYA SAI VIDYA VIHAR & ANR.

.....Respondents Through:

Mr. Anurag Lakhotia, Advocate for R-1.

Mrs. Avnish Ahlawat, Standing Counsel for GNCTD with Ms.

Aliza Alam & Mr. Mohnish Sehrawat, Advocate for R-2.

Mr.

Gaurav Dhingra & Mr.

Shashank Singh, Advocates for DoE.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 19.08.2025 W.P.(C) 5453/2024 & CM APPL. 50808/2025 (direction to the respondent to issue proper promotion letter) 1.

The present writ petition concerns the promotion of the petitioner from the post of Trained Graduate Teacher ["TGT"] (English) in the respondent No. 1 - Sri Sathya Sai Vidya Vihar ["School"] to the post of Post Graduate Teacher ["PGT"] (English).

2.

On 27.11.2024, a statement was made on behalf of the School before the learned Registrar, to the effect that the petitioner had been The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

promoted, and that the writ petition had consequently become infructuous.

3.

The captioned application, i.e. CM APPL No. 50808/2025 has, thereafter, been filed by the petitioner, seeking issuance of a "proper promotion letter", to the petitioner in accordance with the aforesaid submission by the School.

4.

In the course of hearing, Ms. Indrani Ghosh, learned counsel for the petitioner, and Mr. Anurag Lakhotia, learned counsel for School, submit that the writ petition itself can be disposed of. The writ petition is, therefore, taken on Board.

5.

Mr. Lakhotia submits that a promotion letter dated 14.11.2024 has already been issued to the petitioner, confirming her promotion as PGT (English) with effect from 01.07.2024, subject to a probation period, initially of one year. A copy of the promotion letter dated 14.11.2024 has been handed up in Court, and taken on record. 6.

The said letter bears the signature of the petitioner, albiet under protest.

7.

Ms. Ghosh raises the following concerns with regard to the aforesaid promotion letter:

a. First, that it reflects a temporary promotion which can be terminated during the probation period.

b. Second, that the petitioner's employment is stated to be subject to the Rules of the Central Board of Secondary Education ["CBSE"], without reference to the Delhi School Education Act and Rules, 1973 ["DSEAR"].

8.

In response, Mr. Lakhotia submits as follows: The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

a. The clause relating to discontinuance of the petitioner's services during the probation period will be deleted, and a fresh communication will be issued within one week to the petitioner. b. Mr. Lakhotia rightly submits that DSEAR would apply to all employment in the School, and that an express incorporation to this effect in the promotion letter is, in any event, included in Clause 2 thereof.

9.

In view of the above submissions, Ms. Ghosh submits that no further orders are required in the writ petition. 10.

The writ petition, along with the captioned application, is accordingly disposed of in these terms.

11.

The next date of hearing, i.e. 28.10.2025, stands cancelled. PRATEEK JALAN, J AUGUST 19, 2025 'pv/sd'/ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.