Dav College Managing Committee vs Surender Rana & Anr

DAV COLLEGE MANAGING COMMITTEE .......APPELLANT

Versus

SURENDER RANA & ANR. .....RESPONDENTS

O R D E R

The first respondent was appointed on

1.8.1996, as Store Keeper, on probation for a period of one

year, by the appellant, which runs a private unaided

school. He was removed from service on 1.7.1997 by giving

a month's salary in lieu of notice. The first respondent

challenged his removal by filing an appeal before the Delhi

School Tribunal. The said appeal was allowed on 15.1.2002

and the order of removal was set aside on the ground that

the appellant had not taken the prior permission of the

Director of Education. The writ petition filed by the

appellant challenging the said order, was dismissed by a

learned single Judge of the High Court on 8.2.2006 and the

appeal filed by the appellant was also dismissed by a

Division Bench on 30.11.2006. The said order is challenged

in this appeal by special leave.

2. Rule 105 of the Delhi School Education Rules,

1973 deals with probation and prescribes the period

of

.....2.

- 2 -

probation. The second proviso to sub-Rule (1) of Rule 105

clearly provides that no termination from service, of an

employee on probation shall be made by a school, other than

a minority school, except with the previous approval of the

Director.

3. The appellant does not dispute the fact that

it is not a minority school. Therefore, the second proviso

to Rule 105(1) applies to the order of removal of first

respondent from service.

4. In the circumstances, the orders of the

Tribunal and the High Court holding that the termination

without the previous approval of the Director under Rule

105 was illegal, does not call for interference. The

appeal is dismissed.

......................J. ( R.V. RAVEENDRAN )

New Delhi; ......................J. February 03, 2011. ( A.K. PATNAIK )