Private Unaided Schools Fall Under Writ Jurisdiction If Governed By Statutory Provisions Like DSEAR:

Delhi HC Reinstates Retired Teacher, Fines School for Forcing Litigation

 

The Delhi High Court has ruled in favor of Jayati Mozumdar, a retired chemistry teacher, directing Sri Sathya Sai Vidya Vihar to reinstate her until April 30, 2025, as per Rule 110(2) of the Delhi School Education Act and Rules, 1973 (DSEAR). The Court also imposed a ?2.25 lakh cost on the school for forcing a veteran teacher to seek judicial intervention for a legally mandated right.

 

Case Background

 

Mozumdar, who had been teaching at the school since 1998, retired on November 30, 2024, upon turning 60. As per DSEAR, teachers retiring after November 1 are entitled to re-employment until the academic year's end to prevent disruptions. However, the school denied her extension, leading her to file a writ petition under Article 226 of the Constitution.

 

Represented by her legal team, she sought reinstatement and backdated salary. The school, contesting the petition, argued that private unaided institutions are not subject to writ jurisdiction, citing Supreme Court rulings.

 

Court’s Ruling

 

Justice Prateek Jalan dismissed the school’s objection, affirming that statutory service conditions make such cases eligible for writ jurisdiction. The Court referenced past judgments, reinforcing the applicability of DSEAR. Since the school eventually conceded her right to re-employment, the Court ordered immediate reinstatement with full salary and arrears, payable within four weeks.

 

Criticizing the school’s stance, the Court remarked:

"It is unfortunate that a teacher, after 26 years of service, had to approach the Court for a right expressly granted by law."

 

Mozumdar, prioritizing school stability, agreed to resume duties without disrupting ongoing arrangements. The ruling underscores the judiciary’s role in ensuring statutory protections for educators, even in private institutions.

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