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

Judgment text excerpt

$~2 * 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 Signature Not Verified Digitally Signed W.P.(C) 15997/2024 Page 1 of 7 By:PARUL VASHIST Signing Date:20.02.2025 11:07:23 though such a stipulation was perhaps unnecessary, the appointment letter1 contained an express provision that the terms and conditions of her appointment are governed by DSEAR. 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) Notwithstanding anything contained in sub-rule (1), every teacher, laboratory assistant, Librarian, Principal or Vice-Principal employed in such school shall continue to hold office until he attains the age of 60 years: Provided that where a teacher, Principal or Vice-Principal attains the age of su