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Legislation

Delhi School Education Act, 1973

20 Supreme Court judgments cite this Act.

NEW DELHI MUNICIPAL COUNCIL AND ANOTHERversusMANJU TOMAR AND OTHERS

2024 INSC 63528 August 2024

The Delhi Sikh Gurdwara Management Committee (DSGMC) closed the Khalsa Boys Primary School, which received a 95% grant from the New Delhi Municipal Council (NDMC), without obtaining prior approval under Rule 46 of the Delhi School Education Rules. NDMC consequently stopped the grant and later paid the arrears, salary,

SUNIL SIKRIversusGURU HARKRISHAN PUBLIC SCHOOL & ANR.

2022 INSC 76428 July 2022Dismissed

The appeal concerned Sunil Sikri, a former teacher of Guru Harkrishan Public School, who challenged a Tribunal order directing his reinstatement with 50% back wages. The key issues were whether Sections 8 and 11 of the Delhi School Education Act, 1973 empower the Tribunal to award back wages, whether Rule 121 of the De

MODERN SCHOOLversusUNION OF INDIA AND ORS.

2004 INSC 31227 April 2004Disposed off

The Delhi High Court, on a public‑interest writ filed by a parents' federation, held that several unaided recognised schools in Delhi were commercialising education by charging excessive fees and transferring surplus funds to their managing societies. The schools appealed to the Supreme Court, challenging the Director

SUSHMITA BASU AND ORS.versusBALLYGUNGE SIKSHA SAMITY AND ORS.

2006 INSC 64522 September 2006Dismissed

A group of teachers from a recognized private unaided school filed a writ petition under Article 226 seeking a mandamus directing the school to implement the Third Pay Commission's salary recommendations with retrospective effect. The single judge of the Calcutta High Court granted the relief, but the Division Bench se

UNION OF INDIA AND ANR.versusJAIN SABHA, NEW DELHI AND ANR.

1996 INSC 135921 November 1996Disposed off

The Union of India appealed against a Delhi High Court order that reduced the consideration payable by Jain Sabha for an additional 0.787 acres of land allotted for a school. The government had originally allotted 1.363 acres in 1967 at Rs 5,000 per acre, and later, in 1990, offered 2.15 acres with the original portion

DURGABAI DESHMUKH MEMORIAL SR. SEC. SCHOOL & ANR.versusVASU SENA & ANR.

2019 INSC 93721 August 2019Case Partly allowed

The appellant school appointed the first respondent as a teacher on a one‑year probation on 1 July 2008. The probation was extended twice, allowing her to serve as a probationer for nearly five years before she was discharged on 30 June 2013. The Delhi High Court held that the continuation of service beyond the two‑yea

THE PRINCIPAL, CAMBRIDGE SCHOOL AND ANR.versusMS. PAYAL GUPTA AND ORS.

1995 INSC 48021 August 1995Dismissed

Cambridge School, an unaided recognised school, issued circulars requiring a 50% cut‑off in class X marks for admission to class XI, treating the move to class XI as a fresh admission. Several students, including Ms. Payal Gupta who scored 44.6%, challenged the circulars, and the Deputy Education Officer directed that

PUNJAB NATIONAL BANK AND ORS.versusSURENDRA PRASAD SINHA

1992 INSC 10920 April 1992Dismissed

The Supreme Court decided two matters. In Punjab National Bank & Ors. v. Surendra Prasad Sinha, the Court held that Section 3 of the Limitation Act bars only the remedy, not the underlying right to a debt, and that the bank's adjustment of a fixed‑deposit security to satisfy the principal debtor's liability was a contr

GAJANAND SHARMAversusAADARSH SIKSHA PARISHAD SAMITI & ORS.

2023 INSC 5819 January 2023Appeal(s) allowed

Gajanand Sharma, an employee of Aadarsh Siksha Parishad Samiti, was terminated after a departmental enquiry under the Rajasthan Non‑Governmental Educational Institutions Act, 1989. The Rajasthan Educational Institutions Tribunal set aside the termination, holding that prior approval of the Director of Education require

MODERN SCHOOLversusSHASHI PAL SHARMA AND ORS.

2007 INSC 95018 September 2007Appeal(s) allowed

The case concerned a Sanskrit teacher who resigned from Modern School on 17‑03‑1997. The school’s managing committee accepted the resignation on 19‑03‑1997, subject to the Director of Education’s approval, which was not received within the statutory 30‑day period, thereby deemed approved under Section 114A of the Delhi

MRS. Y. THECLAMMAversusUNION OF INDIA & ORS.

1987 INSC 11215 April 1987Dismissed

The petitioners, a teacher and vice‑principal of a Delhi aided school run by a linguistic minority society, were suspended by the school management on charges of fund diversion without obtaining prior approval of the Director of Education as required by section 8(4) of the Delhi School Education Act, 1973. The petition

MISHRA AND NAVIN SINHA, JJ.]versusASHA SRIVASTAVA & ORS.

2019 INSC 19814 February 2019Dismissed

The respondent, a teacher appointed on probation at a privately managed primary school, sought approval of her appointment and later challenged her suspension and termination, which were effected without a departmental enquiry. The High Court initially dismissed her writ on the ground that the private school was not a

RAJ KUMARversusDIRECTOR OF EDUCATION & ORS.

2016 INSC 31813 April 2016Appeal(s) allowed

The appellant, a permanent driver at DAV Public School, was declared surplus and retrenched by the school’s Managing Committee in 2003. The school served a notice under Section 25F(a) of the Industrial Disputes Act but failed to send the statutory notice to the appropriate government authority under Section 25F(c) and

MANAGEMENT COMMITTEE OF MONTFORT SENIOR SECONDARY SCHOOLversusSHRI VIJAY KUMAR AND ORS.

2005 INSC 41312 September 2005Dismissed

The Management Committee of Montfort Senior Secondary School terminated Assistant Teacher Vijay Kumar on disciplinary grounds. Kumar appealed the termination to the Delhi School Tribunal under Section 8(3) of the Delhi School Education Act, 1973, while the school sought referral of the dispute to arbitration under Sect

SINDHI EDUCATION SOCIETY & ANR.versusTHE CHIEF SECRETARY, GOVT. OF NCT OF DELHI & ORS.

2010 INSC 3928 July 2010Appeal(s) allowed

The Sindhi Education Society, a linguistic minority school in Delhi, challenged a 1989 government circular that made reservation for Scheduled Castes and Scheduled Tribes in teaching posts a condition for receiving grant‑in‑aid under Rule 64(1)(b) of the Delhi School Education Rules, 1973. The Society argued that, as a

ACTION COMMITTEE,UN-AIDED PVT. SCHOOLS & ORS.versusDIRECTOR OF EDUCATION DELHI & ORS.

2009 INSC 10247 August 2009Dismissed

The Action Committee of unaided private schools challenged the Director of Education's (DOE) directions that fees and funds must be used strictly according to Rule 177 and that no amount could be transferred to the managing society or trust. The petitions argued that the DOE lacked authority under Section 24(3) of the

ELECTION COMMISSION OF INDIAversusST. MARYS SCHOOL AND ORS.

2007 INSC 12416 December 2007Dismissed

The petitioners, an unaided school governed by the Delhi School Education Act, challenged the Election Commission’s practice of deploying teachers from government schools for election‑related duties during school hours, alleging that it disrupted education and violated the right to education. The Delhi High Court had d

PRINCIPAL KENDRIYA VIDYALAYA & ORS.versusSAURABH CHAUDHARY & ORS.

2008 INSC 12455 November 2008Dismissed

The appellant Kendriya Vidyalaya denied admission to Saurabh Chaudhary for class XI because his Class X CBSE marks fell below the cut‑off prescribed in the school’s admission guidelines, and offered him a place in another Central School. The student challenged the denial, invoking the Supreme Court’s earlier decision i

VLRENDRA NATH GUPTA AND ANR.versusDELHI ADMINISTRATION AND ORS.

1990 INSC 722 March 1990Dismissed

Two teachers of the Kerala Education Society Senior Secondary School, a Delhi‑aided linguistic‑minority institution, challenged the appointment of T.N. Vishwanathan Nair as Vice‑Principal. The school had advertised the post requiring a Master’s degree, teaching experience and the ability to speak and write Malayalam, a

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