{"id":56132,"date":"2004-02-10T00:00:00","date_gmt":"2004-02-09T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/mrs-usha-sharma-vs-union-of-india-uoi-and-ors-on-10-february-2004"},"modified":"2016-06-30T10:07:11","modified_gmt":"2016-06-30T04:37:11","slug":"mrs-usha-sharma-vs-union-of-india-uoi-and-ors-on-10-february-2004","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/mrs-usha-sharma-vs-union-of-india-uoi-and-ors-on-10-february-2004","title":{"rendered":"Mrs. Usha Sharma vs Union Of India (Uoi) And Ors. on 10 February, 2004"},"content":{"rendered":"
Delhi High Court<\/div>\n
Mrs. Usha Sharma vs Union Of India (Uoi) And Ors. on 10 February, 2004<\/div>\n
Equivalent citations: 110 (2004) DLT 116, 2004 (73) DRJ 240, 2004 (3) SLJ 98 Delhi<\/div>\n
Author: P Nandrajog<\/div>\n
Bench: P Nandrajog<\/div>\n<\/p>\n
<\/pre>\n
JUDGMENT<\/p>\n
 Pradeep Nandrajog, J.  <\/p>\n
1. The petitioner prays  that notice dated 28.3.1980 (should read 28.2.1980) issued by the  Principal of respondent No.4 school notifying  that services of the petitioner shall stand terminated w.e.f. 30.4.1980 be quashed.   Letter dated 7.4.1980 issued by respondent No.5 terminating the services of the petitioner be quashed.   Respondents No.4 and 5 be directed to reinstate the petitioner in service  as Assistant Teacher in the school w.e.f. 7.4.1980 with all consequential benefits  of pay and allowances, promotions, seniority and  continuity of service.\n<\/p>\n
2. Respondent No.4 is Meera Model School, established by respondent No. 5 Oberoi Education Society (Regd.).  Petitioner was employed as an Assistant Teacher under respondent No.4  school w.e.f. 11.7.1966.\n<\/p>\n
3. The school was an unrecognised school and, therefore, provisions of Delhi School Education Act,1973, Delhi School Education Rules,1973 and the  directives issued by the Director of Education from time to time were not applicable to the  school.\n<\/p>\n
4. The school was granted recognition by the Directorate of Education on 1.5.1977.\n<\/p>\n
5. Section 8 of Delhi School Education Act,1973 stood attracted  the moment recognition was granted to the school.  The said Section deals with the terms and conditions of service of the employees of recognised private  school.  Sub-Section (1) of Section 8, inter alia, provides :\n<\/p>\n
 “The Administrator  may make rules regulating the minimum qualifications  for recruitment  and the  conditions of service, of employees  of recognised private schools.”\n<\/p>\n
6. Chapter IV of  Delhi School Education Rules,1973  also stood attracted  to the school.   As per Rule 50 sub-rule (XIX), school became obliged to allow the Director  of Education  to inspect   its record,    Under Rule xviii, the school became obliged to comply with  instructions   of the Director of Education as may be issued by him to secure the continued fulfilllment  of the conditions of recognition.\n<\/p>\n
7. Rule 100 of the  Delhi School Education Rules,1973,  which  stood attracted, required the school to employ teachers  having minimum specified qualifications.  The school had no power to relax the qualifications except with the approval of the Director of Education as per the mandate of Rule 97 of the Rules.\n<\/p>\n
8. The undisputed position  is that as on 1.5.1977 when the school was granted recognition, the minimum educational qualifications required   for the post of Assistant Teacher as prescribed by the Director of Education were :-\n<\/p>\n
 “(I) Higher Secondary\/Sr. Secondary\/  Intermediate or Graduate from recognised University\/Board;\n<\/p>\n
(ii) Two years JBT\/BTC Certificate\/ Diploma or B.Ed. From a recognised institution\/University.\n<\/p>\n
9. Further admitted position  is that the petitioner was a  matriculate  having a one year diploma in Child Education awarded by the Institute of Vocational Studies Teachers Training Centre.  Petitioner claims that the said  certificate  is equivalent to a JBT\/BTC certificate\/diploma.  However,  it may be noted that the said certificate is pursuant to one year training course but the requirement of the eligibility   norm is two years JBT\/BTC certificate\/ diploma.\n<\/p>\n
10. Treating the petitioner as not being qualified  to be appointed as an Assistant Teacher and it being a term of recognition of the school that it would not employ any unqualified teacher.  Petitioner was informed, as per the stand of the  school and the society to obtain the requisite qualifications. We do not have any such contemporaneous letter on record.  However, on record we have letter dated 16.3.1978 wherein the petitioner was informed in reference to earlier letter dated 7.12.1977 that the management reminds her  to obtain necessary educational qualifications for absorption in the school.  It was written in the letter that it appears  that no attempts have been made by the petitioner to obtain necessary qualifications.   Petitioner was directed to submit the proof of the action taken by her to obtain the requisite qualifications.   It was directed to the petitioner that she must submit the necessary proof by the first week of April,1978, failing  which her services  shall be terminated.\n<\/p>\n
11. Petitioner responded vide letter dated 18.3.1978. She claimed to be qualified.  The letter of the petitioner did not find favor with the authorities.   On 1.9.1978, she was once again directed to obtain the requisite qualifications.\n<\/p>\n
12. Petitioner responded  by letter dated 8.9.1978, inter alia, she wrote as under :\n<\/p>\n
 “I  am to refer to your letter No.1050, dated the 1st September,1978, regarding improvement of my  educational qualifications and  absorption in the Mira Model School (Recognised)  and to request you  to please let me  know the  qualifications  which you  expect me to possess at this stage as your letter in this respect is  silent.  By the way,  I am trying to seek admission in intermediate.\n<\/p>\n
2. As regards  my absorption  in the Mira Model School this question does not arise  at all as I am already working in this institution since 1966 and am still continuing; any my services from this institution have never been terminated.  Presently, I am posted  i the Mira  Nursery School (run by the same management)  on the specific request   of the Principal  of the Mira Model School  to assist the Nursery Section in their new admission rush.\n<\/p>\n
3. The present dispute is of pay-fixation  only which seems to have cropped  up under some mis-understanding  on the part of the management as the management is not giving me even the minimum  of the scale of Asst. Teacher, duties of which I have been performing before recognition and even after recognition, although the Chairman  of the Oberoi Education Society is fully  empowered to give minimum of the grade  to an erstwhile teacher of Mira Model School.\n<\/p>\n
4. I may also add  here that HALF OF THE SALARY  OF ASSTT. TEACHER PAID TO ME SINCE 1.5.77 HAS ALSO BEEN STOPPED WITH EFFECT FROM JULY PAID IN AUGUST FOR THE REASONS BEST KNOWN TO THE MANAGEMENT. This seems to be an act of provocation  and also if I am correct, an infringement of one of the conditions of recognition of this Institution.\n<\/p>\n
5. In  the end, I request you  to please:\n<\/p>\n
i) Treat my present educational qualifications experience  as sufficient for Asstt. Teacher as heretofore;\n<\/p>\n
ii) Pay me full salary as to other teachers in the school w.e.f. 1.5.77.\n<\/p>\n
6. On my part, I will try to improve my educational qualifications as far as practicable.   Already on your request, I have sought Nursery Training at a cost of more than Rs.1500\/- and a lot of inconvenience.  I will further increase my qualifications  as desired by you provided facilities to acquire  those qualifications are available  and the same is feasible for ladies of my age and circumstances.\n<\/p>\n
13. Letter dated 8.9.1978 addressed by the petitioner, to my mind,  is an attempt  by the petitioner to deflect the issue. She was made aware  right at the time when the school was granted recognition that she had to obtain necessary qualifications for which, time was granted to her.  The petitioner was obviously attempting to  cloud the issue when she wrote letter 8.9.1978.   On the one hand, she claimed a right to have the educational  qualifications relaxed,  on the other hand, she asserted that she possess the requisite qualifications  and the third stand taken  was that she would improve her educational qualifications.\n<\/p>\n
14. In all fairness to the petitioner and to help her out, the school wrote on the issue to the Director of Education.   On 4.11.1978, the Director of Education wrote to the school as under :\n<\/p>\n
 “The Manager, <\/p>\n
Mira Model School, <\/p>\n
Janakpuri, N.Delhi.\n<\/p>\n
Sub: Relaxation of Educational Qualification in respect of Smt. Prem Lata Datta, Asstt. Teacher.\n<\/p>\n
Sir,<\/p>\n
 With reference to your letter No.MMS\/EDU\/1099 dt. 26.10.78 on the subject cited above, it is to inform you that Smt. Prem Lata Datta has been granted  relaxation in qualification for two years with effect from the date of starting of session i.e. 1.5.78.  Hence, she will have to be retained in the same post and scale which she was enjoying earlier.   She may, however, be informed  in writing for completion of her  qualifications for the said post within  this stipulated time.\n<\/p>\n
 Similar action  be taken in the case of Smt.Usha Sharma, Asstt.Tr.\n<\/p>\n
  Yours faithfully,<\/p>\n
          EDUCATION OFFICER:ZONE X BOYS”\n<\/p>\n
(It be noted that the letter though pertains to Mrs. Prem Lata Datta, deals with petitioner as well) <\/p>\n
15. On 10.11.1978, the school and the society duly  intimated to the petitioner the requirement of the Director of Education as conveyed to the school under cover  of letter dated 4.11.1978.  It was clearly indicated  to the petitioner that she should obtain the requisite qualifications latest by 30.4.1980, failing which the school would have no option but to dis-continue her  service.\n<\/p>\n
16. In the meanwhile, the school sent a bio-data  of the petitioner seeking clarification on the issue as per the stand of the petitioner that the diploma obtained by her was to be treated  as adequate equivalent qualification.\n<\/p>\n
17. It was a half hearted  attempt at the behest of the petitioner. Being fully made aware that the diploma  which she possessed was inadequate  for two reasons.   Firstly, it was one year course.  Requirement  of the rule was two years JBT\/BTC certificate\/diploma  or B.Ed. And secondly,  the diploma obtained by the petitioner was not  from a recognised institute.  Directions were sought from the Director of Education as to what should the school do in the circumstances where it was placed.   Correspondence continued.   On 22.2.1980, the Director of Education informed the school as under :\n<\/p>\n
 “Sub: Clarifications regarding untrained and unqualified staff.\n<\/p>\n
With reference to your letter No. MMS\/staff  dated 15th October,1979, on the subject cited above, I have been directed to inform you that the training of Bal Sewika Course in respect of Smt. Prem Lata Datta, Asstt. Teacher and Diploma in  Child  Education in r\/o Smt.Usha Sharma, Asstt. Teacher are not recognized for the purpose of appointment of Nursery Teacher of Delhi Administration.”\n<\/p>\n
18. Pursuant to the aforesaid letter dated 22.2.1980 written by the Director of Education, school issued letter dated 28.2.1980 to the petitioner informing her as under:\n<\/p>\n
 “Mrs .Usha Sharma is  hereby informed that her services shall stand terminated with effect from the afternoon of 30th April,1980, since the Directorate of Education, Delhi Administration,  vide letter No.400 dt. 23.2.80 to whom the case had been referred, has  found her wanting in requisite professional training qualification  for the post of Assistant Teacher in this school.   Apart from this, it has been noted regretfully that she has failed to obtain the requisite qualification  within the stipulated period of two years allowed o her by the Education Department.\n<\/p>\n
 Due to her ineligibility for the post, the school management  express their inability to retain her in the school beyond 30.4.80.  She has been duly informed, well in time.”\n<\/p>\n
19. Petitioner responded by letter dated 4.3.1980.  She insisted that she was qualified.  She further insisted that she was entitled for grant of relaxation of the norms.  It being too late in the day for the petitioner to keep on harping   on a stand, which was time and again conveyed to her as being incorrect, on 7.4.1980,  petitioner was informed that her services were being dis-continued.   Cheque for the month of April,1980 was tendered to her.\n<\/p>\n
20. Learned counsel for the petitioner  contended that under Section 8 of  Delhi School Education Act, management of the school could not terminate the services of the petitioner without the approval of the Director of Education.  Sub-section (2) of Section 8  was brought in aid,  which reads as under :-\n<\/p>\n
 “Subject to any rule that may be made  in this behalf, no employee of a recognised private school  shall be dismissed, removed or reduced in rank  nor  shall his service be otherwise removed except  with the prior approval of the Director.”\n<\/p>\n
21. Counsel contended that no approval was taken from the Director of Education and, therefore, the impugned orders   are liable to be struck down.\n<\/p>\n
22. Facts as noted by me above,  show  that it is not a case  of punitive action being taken against the petitioner.   Dismissal, removal or reduction in rank contemplated by  Sub-Section (2) of Section 8 of  Delhi School Education Act,1973  is in the context of a penal order being passed.   Facts show that the petitioner was not qualified  and hence was not eligible to be appointed  as a teacher on permanent post  in a private school which was recognised under   Delhi School Education Act,1973.  The  petitioner was  appointed by the school when it was an unrecognised school and at that point  of time, the provisions of the Act  and the rules were not applicable to the school.  When the school obtained recognition, it was a term of  recognition that the school would comply with the provisions of the Act, rules and directions issued by the Director of Education from time to time.  Under the rules, minimum educational qualifications  were prescribed, making a person eligible to be appointed as an Assistant Teacher.  The certificate obtained by the petitioner pursuant to a one year course from the Institute of Vocational Studies Teachers Training Institute was not only of one year duration but was not from a recognised institute.   In any case, the Director of Education  held it  not  to be appropriate equivalent qualification.   As far  as the school is concerned, that was the end of the matter for the school.   It could not go contrary to the directions of the Director of Education.   Petitioner has not challenged the directives issued by the Director of Education to the  school.   Correspondence between the school and  the Director of Education  show that the school made every  attempt to get the eligibility norms relaxed  or get the approval of the Director of Education for permanent absorption of the petitioner.   The Director refused  either of the two.   To my mind, right so.   Educational qualifications  for a teacher are a must.   They ought not to be relaxed.  It is not a case where the school acted unilaterally.  Facts noted above show that the school  remained in touch with the Director of Education  and  sought his guidance  at every stage.  The Director of Education at each stage required the petitioner to obtain the required educational qualifications.    This fact was duly conveyed to the petitioner in the  year 1977 itself.     Though she reiterated her position that she was qualified but she undertook to obtain the requisite qualifications  which she did not obtain.   From 1977 to 1980, three years were granted to the  petitioner to obtain the qualifications.   The matter was finally set to rest by the Director of Education when letter dated 22.2.1980 was addressed to the school.   It  cannot, therefore, be said that the school  has terminated the services of the petitioner without the approval of the Director of Education.  In fact, it is not a case of termination of service, it is actually a case of non-confirmation of the services of a person who was employed but does not possess the necessary qualifications for being appointed to the post in question and having been granted enough opportunity to obtain necessary qualifications does not do so and as a consequence his services are terminated.\n<\/p>\n
23. Facts on record do not make out any case to grant relief to the petitioner.   The  writ petition is accordingly   dismissed.  However, there shall be no order as to costs.<\/p>\n","protected":false},"excerpt":{"rendered":"
Delhi High Court Mrs. Usha Sharma vs Union Of India (Uoi) And Ors. on 10 February, 2004 Equivalent citations: 110 (2004) DLT 116, 2004 (73) DRJ 240, 2004 (3) SLJ 98 Delhi Author: P Nandrajog Bench: P Nandrajog JUDGMENT Pradeep Nandrajog, J. 1. The petitioner prays that notice dated 28.3.1980 (should read 28.2.1980) issued by […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[14,8],"tags":[],"class_list":["post-56132","post","type-post","status-publish","format-standard","hentry","category-delhi-high-court","category-high-court"],"yoast_head":"\nMrs. Usha Sharma vs Union Of India (Uoi) And Ors. on 10 February, 2004 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/mrs-usha-sharma-vs-union-of-india-uoi-and-ors-on-10-february-2004\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Mrs. Usha Sharma vs Union Of India (Uoi) And Ors. on 10 February, 2004 - 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