Loktantrik Adhyapak Manch v. Govt Of NCT Of Delhi And ORS

$~92 and 99 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6200/2024

(92) LOKTANTRIK ADHYAPAK MANCH ..... Petitioner Through:

Mr. Ashwani Tyagi, Mr. Avnish Kasana, Mr. Shehriyab Ali, Ms.

Kapila Bhardwaj and Ms. Lucy, Advs.

versus GOVT OF NCT OF DELHI AND ORS ..... Respondents Through:

Mr. Pradyumn Rao and Mr. Rishabh Srivastava, Advs. for Mr. Santosh Kumar Tripati, SC (Civil) along with Ms. Renu (Dy. Director, Awards Branch, DOE.

+ W.P.(C) 2101/2024

(99) GOVT SCHOOL TEACHERS ASSOCIATION DELHI ..... Petitioner Through:

Mr. Harendra Singh and Mr. Mahesh Chand Sharma, Advs.

versus GOVERMENT OF NCT OF DELHI & ORS.

..... Respondents Through:

Mr. Pradyumn Rao and Mr. Rishabh Srivastava, Advs. for Mr. Santosh Kumar Tripati, SC (Civil) along with Ms. Renu (Dy. Director, Awards Branch, DOE.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 10.05.2024

O R D E R

1.

The present petitions have been filed seeking that the elections be held to elect members of the Government School Teacher's Association (GSTA), which by virtue of its constitution has to undergo the elections The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

every five years. It is pointed out that the tenure of the last elected body for which elections were held in the year 2014 has come to an end in the year 2019 and since then the said association is functioning through an interim President.

2.

It is pointed out that many members of the present GSTA officials have retired from services and that only four members are currently acting in the body, rest having already retired or otherwise not holding office. 3.

It is submitted that multiple requests for holding elections of GSTA have been sent to the Director of Education, however, to no avail. Hence, the present petitions have been filed.

4.

In the counter-affidavit, filed on behalf of the Directorate of Education, it has been stated that the Directorate of Education has no objection in conducting elections for the GSTA. 5.

It is pointed out that a returning officer for holding the elections was appointed as far back as on 15.12.2022. The said letter reads as under: "No.F. PA/JDE (A)/2022/123 Dated: 15.12.2022

ORDER

Subject: Appointment of Returning Officer (R.O.). In suppression of this office Order bearing No.F.PA/JDE(A)/2021/209 dated14/12/2021, the Worthy Director of Education is pleased to appoint Ms. Zareen Taj, Additional Director of Education as Returning Officer (R.O.) to ensure fair and smooth conduct of GSTA. Election due to completion of the tenure of five years of present body of GSTA. (RAMCHANDRA SHINGARE MAHADEV) JOINT DIRECTOR OF EDUCATION (ADMN.)"

6.

After some hearing, respective counsel for the parties are in agreement that a General Body Meeting would be called by the GSTA in which the membership/voter's list of the GSTA would be finalized. Further, the same shall be forwarded to the returning officer, who shall thereafter The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

verify the voter's list and take steps for holding the elections. 7.

Respective counsel for the parties jointly submit that the returning officer shall be requested to conclude the election process by the end of October, 2024. It is directed accordingly.

8.

With the aforesaid directions, the present petitions are disposed of. SACHIN DATTA, J MAY 10, 2024/cl The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.