Shaswati Sinha vs Directorate Of Education And Anr.
2018 Latest Caselaw 2091 Del

$~20
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                           Date of Order : April 04, 2018
+                  W.P.(C) 3192/2018 & CM No.12649/2018
      SHASWATI SINHA                                  ..... Petitioner
              Through:          Mr.Sanjoy Kumar Ghosh, Advocate

                                versus

      DIRECTORATE OF EDUCATION AND ANR. ..... Respondents
              Through: Mr.Subrahmanyam BKV, Advocate

CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR

                                ORDER

(ORAL)

1. Petitioner claims to have been duly elected as Secretary-cum-Manager of the respondent-school in December, 2016 but she was removed from the said position on 20th March, 2017 and in this regard, petitioner had made a complaint to respondent-Directorate of Education who vide order of 23 rd October, 2017 (Annexure-C) has declared that the removal of petitioner as Secretary-cum-Manager of the respondent-school is not as per rules and the school management was directed to follow the rules and approved scheme of management. Grievance of petitioner is that the Managing Committee of respondent-school is insisting upon Mr.Joy Mukherjee to officiate as Secretary-cum-Manager of the Managing Committee of the respondent- school, despite it being resolved in the minutes of meeting of 29 th January, 2018 (Annexure-F) that petitioner is to function as Secretary-cum-Manager of the Managing Committee of the respondent-school. In this regard, W.P.(C) No.3231/2018 Page 1 petitioner has not made any grievance to the Directorate of Education.

2. In the facts and circumstances of this case, it is deemed appropriate to dispose of this petition and the application with permission to petitioner to make a complaint to the Directorate of Education in respect of communication of 31st January, 2018 (Annexure-G) inter-se the Managing Committee of the school and its Principal, regarding Mr.Joy Mukherjee functioning as Secretary-cum-Manager of the Managing Committee of the respondent-school. Learned counsel for petitioner submits that a complaint in this regard would be made to the Directorate of Education within two weeks. If such a complaint is received by Directorate of Education, then it be effectively dealt with, within a period of four weeks and its fate be made known to petitioner within a week thereafter, so that petitioner may avail of the remedy as available in law, if need be.

3. Directorate of Education be apprised of this order forthwith to ensure its compliance. Needless to say that respondent-Directorate of Education shall ensure that the impasse created due to the impugned communication of 31st January, 2018 (Annexure-G) is resolved at the earliest, so that the salary of the school staff is promptly dispersed.

4. With aforesaid directions, this petition and the application are disposed of.

Copy of this order be given dasti to learned counsel for petitioner.

                                                            (SUNIL GAUR)
                                                               JUDGE
APRIL 04, 2018
mamta

W.P.(C) No.3231/2018                                                      Page 2