RAKESH KUMAR TOMAR vs D.A.V.COLLEGE MANAGING COMMITT

Judgment text excerpt

$~81 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Decided on: 26.03.2025 + W.P.(C) 19669/2005 RAKESH KUMAR TOMAR .....Petitioner Through: Mr. Anil Mittal, Mr. Shaurya Mittal, Mr. Atul Chauhan, Advocates. versus D.A.V.COLLEGE MANAGING COMMITTEE .....Respondent Through: Mr. Anurag Lakhotia, Mr. Udit, Advocates. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J. (ORAL) 1. The original petitioner, Rakesh Kumar Tomar (deceased), was employed as an Accounts Clerk in the respondent No. 2- D.A.V. Centenary Public School, Sector - 56, Noida, Uttar Pradesh [“the School”]. He had filed this writ petition, directed against orders dated 13.09.2004 and 15.12.2004. By the order dated 13.09.2004, his services were terminated by the School on the ground of “Absence without Leave” for a period of two years. By the communication dated 15.12.2004, his representation against the termination was also rejected. 2. Two preliminary objections have been taken by Mr. Anurag Lakhotia, learned counsel for the School. The first relates to the maintainability of the writ petition in respect of a service dispute against a private unaided school, and the second, to the territorial jurisdiction of this Court. 3. I have heard Mr. Anil Mittal, learned counsel for the petitioners Signature Not Verified Signed By:SOMYA W.P.(C) 19669/2005 Page 1 of 9 SATIJA Signing Date:29.03.2025 17:35:16 (legal heirs of the original petitioner), and Mr. Anurag Lakhotia, learned counsel for the respondent, on the preliminary objections. 4. The first objection is based upon the judgment of the Supreme Court in St. Mary's Education Society v. Rajendra Prasad Bhargava,1 which concerns the maintainability of writ petitions relating to service disputes, at the instance of employees of private educational institutions. The