The Delhi High Court, in response to an appeal lodged against a single bench directive issued on November 17, 2023, has halted the implementation of certain directions to the State Government.
Brief Facts:
As reported by LatestLaws.com earlier, the case before the Delhi High Court revolves around the issuance of directions by a single bench on November 17, 2023, instructing the State Government to establish two High Powered Committees (HPCs). These committees were intended to oversee the implementation of recommendations emanating from the 6th and 7th Central Pay Commissions (CPCs) concerning the payment of salaries and arrears for staff employed in private unaided schools and recognized private unaided minority schools within the national capital. In response to this directive, an appeal was filed by various staff members from different schools challenging the single judge's order.
Contentions of the Parties:
The primary contention presented by the appellants is centred around the constitutionality of the HPCs mandated by the single judge. The appellants argue that the writ court, under the provisions of the Indian Constitution, lacks the authority to establish adjudicatory bodies such as the HPCs. These committees, as perceived by the appellants, possess significant powers, including the authority to decide on school fees, assess the financial capacity of schools to meet the recommended commissions, and even declare the appointment of teachers as illegal. The appellants assert that such substantial powers can only be conferred through legislation, not through judicial orders as issued in the present case.
Additionally, the appellants contest the justification for involving the proposed Committees, highlighting that the Delhi Government's Directorate of Education had already addressed the issue by passing orders. They refer to a prior court order from February 16, 2022, which directed the Directorate of Education to decide on their cases through explicit orders. When this directive was not adhered to, the appellants filed a contempt petition, leading to an order on September 9, 2022. However, the respondent school failed to implement this order, culminating in the initiation of the current writ petition.
Observations by the Court:
A division bench comprising Acting Chief Justice Manmohan and Justice Mini Pushkarna presided over the appeal, filed by various staff members from different schools. The bench ordered a stay on paragraphs 200, 204, and 205 of the prior judgment, which directed the Delhi Government to establish HPCs at both Central and Zonal levels. These committees were deemed essential for a thorough examination of claims raised by school staff.
The decision of the Court:
Therefore, the division bench stayed the constitution of the committee.
Case Name: Renu Arora And Others V. St. Margaret Senior Secondary School & Anr.
Coram: Chief Justice Manmohan and Justice Mini Pushkarna
Case No.: LPA 762/2023
Advocates of the Appellant: Mr. Ashok Agarwal, Mr. Anuj Aggarwal, Ms. Ashna Khan, Mr. Kumar Utkarsh and Mr. Manoj Kumar, Advocates.
Advocates of the Respondent: Mr. Kamal Gupta, Mr. Manish Vashist, Ms. Kriti Gupta and Mr. Sparsh, Aggarwal, Advocates for R-1. Mr. Yeeshu Jain, Additional Standing Counsel along with Ms. Jyoti Tyagi, Ms. Manisha and Mr. Hitanshu Mishra, Advocates for R-2.
Read Order @LatestLaws.com
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