High Court of DelhiW.P.(C)/9398/2015

Nirja Mathur v. Shyama Prasad Vidyalaya And ORS

2019-04-03Hon'Ble Mr. Justice C.Hari Shankar2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9398/2015 NIRJA MATHUR ..... Petitioner Through Mr. Ashok Agarwal and Mr. Kumar Utkarsh, Advs.

versus SHYAMA PRASAD VIDYALAYA AND ORS ..... Respondents Through Mr. Naushad Ahmed Khan, ASC (Civil), GNCTD with Mr. Zahid Hanief & Ms. Manisha Chauhan, Advs.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

O R D E R

% 03.04.2019 CM APPL. 9867/2019 Counsel for the non-applicant/respondent has no objection if the present application is allowed. Consequently, the order dated 01.01.2019 passed by the Deputy Director, Education, Zone-26, GNCTD is taken on record.

The present application is accordingly disposed of. W.P.(C) 9398/2015 With the consent of the counsel for the parties, the present writ petition is taken up for disposal.

Vide the present petition, the petitioner sought directions thereby directing the respondent no. 3 i.e. Director of Education to forthwith decide the representation and appeal dated 26.02.2014 and 23.02.2015 respectively

of the petitioner seeking expunction of adverse rating in ACRs of 2004-05 and 2005-06.

Vide order dated 01.01.2019, the Deputy Director of Education, Zone-26 has already passed the order whereby stating as under: "Now therefore, after having considered the entire facts and circumstances of the case and material made available on record by both the parties, the Competent Authority is in of the considered opinion that Mrs. Nirja Mathur should be graded as "Good" for the years 200405 and 2005-06. Hence the Average gradation of Mrs. Nirja Mathur for 2004-05 and 2005-06 is hereby upgraded as "Good" in exercise of the powers conferred upon Competent Authority is in terms of rule 12(7) of DSER 1973 read with sub section (g) of section-2 of DSEA 1973.

This issues with prior approval of RD(C/ND) vide U. O. No. 532/RD(c) dated 20.12.2018."

Since the prayer (a) of the petition has been satisfied vide order dated 01.01.2019, therefore, for prayer (b), I hereby direct the concerned respondent to take action for getting the Screening Committee appointed within two weeks from today and the Screening Committee shall be appointed within two weeks thereafter.

The said Screening Committee shall take initiative on the prayer (b) of the present writ petition within four weeks thereafter. The present writ petition is accordingly disposed of. The date already fixed i.e. 22.04.2019 stands cancelled. Order dasti to the parties.

SURESH KUMAR KAIT, J APRIL 03, 2019/@mit