DAV COLLEGE MANAGING COMMITTEE Vs SURENDER RANA
Bench: R.V. RAVEENDRAN,A.K. PATNAIK, , ,
Case number: C.A. No.-002719-002719 / 2007
Diary number: 33587 / 2006
Advocates: VINAY GARG Vs
I. B GAUR
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 2719 OF 2007
DAV COLLEGE MANAGING COMMITTEE .......APPELLANT
Versus
SURENDER RANA & ANR. .....RESPONDENTS
O R D E R
The first respondent was appointed on
1.8.1996, as Store Keeper, on probation for a period of one
year, by the appellant, which runs a private unaided
school. He was removed from service on 1.7.1997 by giving
a month's salary in lieu of notice. The first respondent
challenged his removal by filing an appeal before the Delhi
School Tribunal. The said appeal was allowed on 15.1.2002
and the order of removal was set aside on the ground that
the appellant had not taken the prior permission of the
Director of Education. The writ petition filed by the
appellant challenging the said order, was dismissed by a
learned single Judge of the High Court on 8.2.2006 and the
appeal filed by the appellant was also dismissed by a
Division Bench on 30.11.2006. The said order is challenged
in this appeal by special leave.
2. Rule 105 of the Delhi School Education Rules,
1973 deals with probation and prescribes the period
of
.....2.
- 2 -
probation. The second proviso to sub-Rule (1) of Rule 105
clearly provides that no termination from service, of an
employee on probation shall be made by a school, other than
a minority school, except with the previous approval of the
Director.
3. The appellant does not dispute the fact that
it is not a minority school. Therefore, the second proviso
to Rule 105(1) applies to the order of removal of first
respondent from service.
4. In the circumstances, the orders of the
Tribunal and the High Court holding that the termination
without the previous approval of the Director under Rule
105 was illegal, does not call for interference. The
appeal is dismissed.
......................J. ( R.V.
RAVEENDRAN )
New Delhi; ......................J. February 03, 2011. ( A.K. PATNAIK )