Sunita Nayyar vs Govt. Of Nct Of Delhi & Ors.
2013 Latest Caselaw 1743 Del

*              IN THE HIGH COURT OF DELHI AT NEW DELHI

+                           W.P.(C) No. 2456/2013
%                                                            17th April, 2013

SUNITA NAYYAR                                                  ......Petitioner
                            Through:     Mr. Ashok Aggarwa and Ms. Nisha Tomar,
                                         Advocates.


                            VERSUS

GOVT. OF NCT OF DELHI & ORS.                       ...... Respondents
                   Through: Ms. Pushpa Jhurang, Adv. for Ms. Anjana
                             Gosain, Advocate.

CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA

    To be referred to the Reporter or not?


VALMIKI J. MEHTA, J (ORAL)

1.       This writ petition is filed by the petitioner/teacher seeking the following

reliefs:-


         "(a) issue an appropriate writ, order or direction directing the Respondent
         Nos. 1 and 2 to forthwith initiate enquiry into the matter of complaint dated
         31.01.2013 of the Petitioner and to take appropriate action against the
         Respondent/School in accordance with law;

         (b) pass any such order on further orders in favour of the Petitioner as this
         Hon'ble Court may deem just and appropriate in the facts and circumstances
         of the case and in the interest of justice; and

         (c)   allow the present Writ Petition with cost in favour of the Petitioner".

WPC 2456/2013                                                                 Page 1 of 2
 2.    The complaint dated 31.1.2013 which has been sent to the respondent nos. 1

and 2 seeks that petitioner should be given a due status as a school teacher and she

should not be troubled by issues of alleged unhealthy physical conditions of

service, non assignment of teaching aids, designed social boycott, use of

unwarranted remarks, abusive language etc.


3.    A writ petition is entertained only to enforce statutory duties or

constitutional rights. In the writ petition, there is nothing which is mentioned as to

which provision of law is violated and enforcement of which is sought. So far as

the constitutional provision is concerned, I do not think for grievances such as

those pleaded in the present petition, Articles 21 and 14 of the Constitution of India

can in any manner come into play. Of course, the petitioner has entitlement as a

teacher and she can enforce those rights as against the school by appropriate

independent proceedings, however, since there is no violation of statutory rights or

constitutional rights, a writ petition cannot lie.


4.    The writ petition is accordingly dismissed with the aforesaid observations.




APRIL 17, 2013                                       VALMIKI J. MEHTA, J.

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