Shri Kuldip Singh vs The Director Of Education, Govt. ...
2018 Latest Caselaw 2320 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                            Date of Order: April 13, 2018
+     W.P.(C) 3632/2018
      SHRI KULDIP SINGH                                 ..... Petitioner
                     Through:          Mr. Shravan Dev, Advocate

                          Versus

      THE DIRECTOR OF EDUCATION, GOVT. OF NCT OF
      DELHI. AND ORS.                         ..... Respondents
                    Through: Ms. Rachna Srivastava &
                    Ms. Sudipta Sarkar, Advocates for respondent
                    No.1
      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR

                           ORDER

(ORAL)

1. Petitioner seeks re-employment on the post of Physical Education Teacher (PET). Petitioner claims to have written to respondent- Directorate of Education on 20th February, 2018 (Annexure P-6) to issue a direction to Managing Committee of respondent-School to allow him to join as PET under the re-employment scheme.

2. Petitioner claims to have made Representation to respondent- School in January, 2018 but to no avail. It is the case of petitioner that respondent-School vide Communication of 7th March, 2018 (Annexure P-

9) had expressed inability to permit petitioner to join the school under the re-employment scheme, as the female staff members had given their complaint about petitioner's adverse behavior. It is not stated in the Communication of 7th March, 2018 (Annexure P-9) as to when complaint from female staff was received and whether respondent-School had the

discretion to refuse grant of re-employment, particularly when respondent

-Directorate of Education vide order of 22nd August, 2017 (Annexure P-

2) has approved petitioner's re-employment upon recommendation by respondent-School prior thereto.

3. Since petitioner's Representation of 20th January, 2018 (Annexure P-5) has not been responded to, by respondent-School, therefore, it is deemed appropriate to dispose of this petition with direction to respondent-School to effectively consider it and pass a speaking order thereon, within a period of six weeks and its fate be made known to petitioner within a week thereafter, so that petitioner may avail of the remedies as available in law, if need be. Liberty is granted to petitioner to supplement the Representation of 20th January, 2018 (Annexure P-5) to controvert the contents of Communication of 7th March, 2018 (Annexure P-9) within two weeks. If supplementary Representation is received, then it be also considered along with Representation of 20th January, 2018 (Annexure P-5) within the aforesaid stipulated time.

4. With aforesaid directions, this petition is disposed of.

A copy of this order be given dasti to counsel for petitioner.

(SUNIL GAUR) JUDGE

APRIL 13, 2018 r