Radhika Sharma v. Director Of Education And ORS

$~R-132 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 5279/2010 RADHIKA SHARMA ..... Petitioner Through:

None.

versus DIRECTOR OF EDUCATIONAND ORS.

..... Respondents Through:

Mr. Sanjoy Ghose, ASC for GNCTD with Dr. V.R.Verma, DEO Z-25.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 21.02.2017 1.

This writ petition is filed by the petitioner challenging the order of the Director of Education dated 17.6.2010 terminating her services with the respondent no. 3/school. Termination of services is by an order of the respondent no. 1/Director of Education cancelling the appointment of the petitioner with the respondent no. 3/school, therefore, there is termination of services of the petitioner by the impugned order.

2.

Any order by which an employee is terminated from services with the school in Delhi has to be challenged because of Section 8(3) of the Delhi School Education Act, 1973, before the Delhi School Tribunal and so held by the Supreme Court in the judgment in the case of Shashi Gaur Vs. NCT of Delhi, (2001) 10 SCC 445. W.P.(C) 5279/2010

3.

In view of the aforesaid decision and since this writ petition is pending in this Court for a long time, instead of dismissing this petition, the same is treated as an appeal filed by the petitioner before the Delhi School Tribunal and the date of filing of the appeal will be taken as the date when this writ petition was filed in this Court. 4.

Parties to appear before the Delhi School Tribunal on 23rd March, 2017 and the Delhi School Tribunal will decide this matter as an appeal filed before it, in accordance with law. Registry to ensure that file of this case is made available to the Delhi School Tribunal on the date fixed.

VALMIKI J. MEHTA, J FEBRUARY 21, 2017 AK W.P.(C) 5279/2010