It also pleaded that the school was being established and administered by the Andhra Education Society which being a linguistic minority educational institution was protected under Art.
136 of the Constitution in this Court which was obvi ously number maintainable.
By the im pugned order dated April 23.
A companyy of the impugned order of suspension was forwarded on the same day to the Director of Education.
On the next day i.e. on April 24, 1986, the management ad dressed a letter to Deputy Director of Education, District West, New Delhi formally intimating that the petitioner had been placed under suspension pending inquiry on a charge of misconduct as specified for the reasons mentioned in the statements of charges and of allegations forwarded.
The temporary injunction was sought on the ground that the managing companymittee was number duly companysti tuted and besides, the impugned order of suspension was violative of sub s. 4 of s. 8 of the Act.
The facts lie within a narrow companypass.
We were also companystrained to entertain the petition because a similar question was raised by the Frank Anthony Public School Employees Association by a petition under Art.
226 of the Constitution before the High Court but we were companystrained to issue numberice inasmuch as the High Court had in the year 1979 by its judgment in Andhra Education Society v. Union of India Anr.,
16 and 25 of the Act and the rele vant rules framed thereunder and therefore numberprior approval of the Director of Education was necessary before passing an order of suspension against a teacher pending a departmental inquiry.
Instead of moving the High Court, the petitioner straightaway filed a Special Leave Petition under Art.
ILR 1976 2 Del. 61 held that the Andhra Education Society was protected under Art.
30 1 of the Constitution and therefore the provisions of the Act and in particular of sub s. 4 of s. 8 were number applicable.
On the same day.
the learned Subordinate Judge passed an order for maintain ing the status quo.
The petitioner Smt.
The learned Subordinate Judge by his order dated August 20, 1986 following the decision of the Delhi High Court in S.S. Jain Sabha of Rawalpindi Delhi v. Union of India Ors.,
Y. Theclamma, Vice Principal, Andhra Education Society Secondary School, Prasad Nagar, New Delhi challenges the legality of an order passed by the managing companymittee of the Andhra Education Society, New Delhi dated April 23, 1986 placing her under suspension pending a departmental inquiry against her.
On that day, the petitioner brought a suit for perpetual injunction against the management being Civil Suit No.
She also made an application for grant of temporary injunction under Order XXXIX, r. 1 of the Civil Procedure Code, 1908 for restraining the managing companymittee from proceeding with the departmental inquiry.
ORIGINAL JURISDICTION Writ Petition No.
213/86 in the Court of the Subordinate Judge, First Class, Delhi.
Ordinarily, the Court would have directed the petitioner to avail of her alternative remedy under Art.
32 of the Constitution is whether linguistic minority educational institutions like the Andhra Education Society are governed by sub s. 4 of s. 8 of the Delhi School Education Act, 1973.
Under Article 32 of the Constitution of India .
1986, the management instituted a departmental inquiry against the petitioner on certain charges and placed her under suspension in exercise of r. 115 of the Delhi School Education Rules, 1973 pending the inquiry.
1232 of 1986.
The first three of these are recognised by the Director of Education, Delhi Administration and are aided by the Government to the extent of 95.
It runs as many as four schools a senior secondary school at Deen Dayal Upadhyaya Marg, a secondary school at Prasad Nagar, a middle school at Janak Puri and another at East of Kailash.
Subba Rao for the Respondents.
S. Vaidayanathan and S.R. Sethia for the Petitioner.
The Judgment of the Court was delivered by SEN, J. The short point involved in this petition under Art.
In the mean while, the petitioner moved this petition under Art.
The petitioner is thus employed in a government aided school.
The Andhra Educa tion Society is a society formed under the Societies Regis tration Act, 1860 with a view to imparting education to the children belonging to the Andhra companymunity and others in Delhi.
However, the management entered appear ance and applied for vacating the injunction on the ground that the petitioner had already been suspended on April 23, 1986.
On September 10, 1986 learned companyn sel for the petitioner finding that it was difficult to support the petition for grant of special leave, sought an adjournment to take further instructions, and the matter was accordingly adjourned to September 22, 1986.
