JAYATI MOZUMDAR vs MANAGING COMMITTEE SRI SATHYA SAI VIDYA VIHAR & ANR.

IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on 18.02.2025 W.P.(C) 15997/2024, CM APPL. 67225/2024, 72263/2024, 5411/2025 JAYATI MOZUMDAR .....Petitioner Through: Ms. Indrani Ghosh, Ms. Shobhana Takiar & Mr. Kuljeet Singh, Advocates. versus MANAGING COMMITTEE SRI SATHYA SAI VIDYA VIHAR & ANR. .....Respondents Through: Mr. Sudarshan Rajan, Mr. Amit Anand & Mr. H. Bajaj, Advocates for R-1. Mr. Yeeshu Jain, ASC with Ms. Jyoti Tyagi & Ms. Kanika Tyagi, Advocates for R-2. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J (ORAL) W.P.(C) 15997/2024 & CM APPL. 5411/2025 (for directions) 1. The petitioner, who was appointed as a Post-Graduate Teacher in Chemistry in the respondent No.1-School [“the School”], has filed this petition under Article 226 of the Constitution, seeking re-employment until 30.04.2025 in terms of the proviso to Rule 110(2) of the Delhi School Education Act and Rules, 1973 [“the Rules/DSEAR”]. 2. The petitioner was appointed to the said post on 20.07.1998. Even 3. The present case concerns the retirement age stipulated in Rule 110 of the Rules. The relevant provision is Rule 110(2), which is set out below:- “110. Retirement age. – xxxx xxxx xxxx (2) Notwith