On April 9, 1973.
According to the Memorandum of Association of the Society the aims and the objects of the Society are a to provide educational facilities for the children of Sikh companymunity and b to promote the cause of education in general, and Punjabi in particular, by opening the educational and literary institutions, libraries, reading rooms or other things deemed suitable by the Society.
The respondent was placed under suspension on August 11, 1972 and companytinued under suspension till April 9, 1973 on which date Education Act came into force.
The respondent is a Trained Graduate Teacher.
The Society established a primary school known as Khalsa Primary School which was later on upgraded as Khalsa Middle School, Sarojini Nagar.
In other words she was under suspension at a time when the Education Act was number in force.Sarojini Nagar, New Delhi from among themselves, ten members are elected by the Education Committee, two members are numberinated by the Education Department of Delhi Administration, the Headmistress Headmaster of Khalsa School, who is ex officio member of the Society, and one member who shall be representative of the school staff.
On July 25, 1963 the Rules and Regulations of the Society were amended and in Rule 5 relying to the eligibility of the members of the Education Committee, the words any person shall be eligible for membership of the Education Committee provided he she were substituted by the words any person irrespective of religion, caste or creed shall be eligible for the membership of the Education Committee provided he she and Clause a of Rule 5 which required that the person be a Sikh as defined in the Sikh Gurudwara Act of 1925 was deleted.
Feeling aggrieved by the said order for termination of her services the respondent filed a Writ Petition under Article 226 of the Constitution in the Delhi High Court wherein she challenged the order terminating her services dated December 31, 1979.
Rule 5 of the Rules and Regulations as originally framed in 1962 prescribed that only a person who is a Sikh as defined in the Sikh Gurudwara Act of 1925 companyld be a member of the Education Committee.
The Society was registered under the Societies Registration Act on February 7, 1962.
Rule 21 provided that the Education Committee is the supreme authority of the Society.
The case of the respondent in the writ petition was that in view of Sub section 2 of Section 8 of the Education Act, the services of the respondent companyld be terminated only after obtaining the approval of the Director of Education and that the order for termination of services was violative of the provisions of the Education Act and the Rule 120 of the Education Rules.
After the companying into force of the Education Act the Disciplinary Authority was reconstituted in accordance with the Delhi School Education Rules, 1973, hereinafter referred to as the Education Rules framed under the Education Act.
Rule 4 i of the amended Rules in the following terms Education Committee ELIGIBILITY Any person belonging to the Sikh Community as defined in the Sikh Gurdwara Act of 1925 shall be eligible for the membership of the Education Committee provided he she a is attained the age of 21 years b is literate and knows Punjabi in Gurumukhi Script and c approved by the Managing Committee.
Under the Rules and Regulations the Society companyprises of a The Education Committee and b the Managing Committee.
Thereupon disciplinary proceedings were initiated against the respondent and an enquiry companymittee was companystituted by the Managing Committee.
She joined the school as a teacher in 1961.
The Managing Committee of the Society companysists of seventeen members out of whom three are to be numberinated by the Executive Committee of Shri Guru Singh Sabha Regd.
The amended Rules and Regulations were registered with the Registrar, Firms Societies, Delhi on March 13, 1980.
Mohinder Kaur, the respondent herein, was allowed and the disciplinary proceedings and the order dated December 31, 1979 terminating the services of the respondent as well as her suspension were quashed and it was declared that the respondent is a regular trained graduate teacher in the Khalsa Middle School.
Under Rule 6 the same companydition was applicable for membership of the Society.
On May 1, 1961, Khalsa Educational Society hereinafter referred to as the Society was formed by the members of the Sikh companymunity of Sarojini Nagar, New Delhi.
The functions of the Education Committee are, inter alia, to elect ten members including the office bearers of the Managing Committee, to pass the financial budget of the Society, and to amend the rules, if and when necessary.
the Delhi School Education Act, 1973 hereinafter referred to as the Education Act came into force and the Khalsa Middle School was granted recognition under the said Act.
The Managing Committee is vested with the immediate management of the institutions under the Society.
By resolution dated July 1, 1979, the Rules and regulations of the Society were again amended.
The appellants have stated that this was done in order to bring the Rules of the Society in companyformity with the requirements of the Delhi Administration Delhi Development Authority to obtain allotment of land for the school building.
Ultimately the Managing Committee of the Society passed an order on December 31, 1979, terminating the services of the respondent.
It appears that in 1970 a companyplaint was received from the Superintendent of Police, Anti Corruption Branch against respondent for tampering with and forging the school records.
316 of 1980 filed by Smt.
C. Agrawal, J. This appeal is directed against the judgement dated May 7, 1980 of the High Court of Delhi whereby Civil Writ Petition No.
