Delhi High Court
Ashok Kumar & Anr. vs Air Force Senior Secondary School ... on 31 July, 2013
Author: Valmiki J. Mehta
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) No. 9103/2011
% 31st July, 2013
ASHOK KUMAR & ANR. ......Petitioner
Through: Mr. Ashok Aggarwal, Adv.
VERSUS
AIR FORCE SENIOR SECONDARY SCHOOL & ORS.
...... Respondents
Through: Mr. M.K.Bhardwaj, Adv. for R-1 and
2.
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
1. By this writ petition, petitioners, who are parents of wards studying in
the respondent no.1-school/Air Force Senior Secondary School seek
directions for filling up of various vacant posts of teaching and non-teaching
staff in the respondent no.1-school.
2. Counsel appearing for the respondent no.1-school does not dispute the
position that there are vacant posts but he states that formal sanction for
filling up of the posts have to come from the respondent no.3-Director of
Education inasmuch as respondent no.1 is an aided school i.e 95% of the
W.P(C)9103/2011 Page 1 of 3
finances come from the Government of NCT of Delhi through the Director
of Education to the respondent no.1-school.
3. A reading of the counter-affidavit filed by the respondent no.3-
Director of Education shows that all that is stated is that the Managing
Committee/Head of the school has to submit appropriate proposals in
accordance with the requirements and whereafter the approval would be
given to the filling up of the posts in accordance with the necessary circulars
and rules.
4. It is therefore clear that there is no dispute that certain vacant posts
exist and they have to be filled in. For filling of the same, the respondent
no.1 will have to forward the requisite proposal alongwith the necessary
documents to the respondent no.3 and that proposal will be processed by the
respondent no.3 in accordance with law and thereafter appropriate sanction
would be given or other appropriate decision would also be taken.
5. I note that the counsel for respondent no.1 has stated before this Court
that various proposals have already been given by the respondent no.1 to the
respondent no.3 since the year 2009, however, the same are not filed on the
record of the Court.
6. The present writ petition is therefore disposed of with the direction
that the Managing Committee or Manager of the School or whichever is the
W.P(C)9103/2011 Page 2 of 3
correct authority will send the proposal to the respondent no.3 for filling up
of the various vacant posts in the respondent no.1-school i.e teaching posts
or the non-teaching posts. The proposal must contain the necessary
requirements, and be accompanied by the requisite documents. Respondent
no.1 shall make the necessary proposal/recommendation in accordance with
the rules to the respondent no.3 for appointment to the vacant posts within a
period of six weeks from today. Respondent no.3 on receipt of such request,
will process the request, and thereafter positively within a period of three
months, pass appropriate orders.
7. The writ petition is allowed and disposed of in terms of the above
directions, leaving the parties to bear their own costs.
JULY 31, 2013 VALMIKI J. MEHTA, J.
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