EVEN UNRECOGNISED UNAIDED SCHOOLS TEACHERS ARE ENTITLED TO 6 PAY COMMISSION SALARIES - HOLDS DELHI HIGH COURT

In a far reaching judgment, Hon’ble Mr. Justice Valmiki J. Mehta of Delhi High Court has held that S. 10 of Delhi School Education Act, 1973 which mandates that the salaries of the employees of an unaided recognised private school shall not be less than those employees of the corresponding status in the Government school even apply to teachers working in unrecognized unaided schools. “In this Public Interest Litigation (Social Jurist, a Civil Rights Group vs. GNCT & Ors) the Division Bench of this Court has specifically laid down the ratio that the provisions of Delhi School Education Act and Rules, 1973 will apply even to unrecognized schools which are run in Delhi”, Justice Valimiki held. This ruling came on a petition filed by the 19 teachers of St. Anthony’s Girls Primary School through Advocate Ashok Agarwal claiming payment of their salaries in terms of 6 Pay Commission Recommendations. The school claiming itself an unrecognized unaided school pleaded before the Court that S. 10 of Delhi School Education Act, 1973 was not applicable to its teachers. Rejecting the school’s plea, the Court held that the Act even applied to unaided unrecognized private schools and teachers claim was justified and were entitled to salaries in terms of 6 Pay Commission with 6% interest. The Court also ordered initiation of contempt proceedings against the members of the School Managing Committee after finding that the school has taken up a blatantly false stand before the Court that the school is not recognized in spite of the fact that recognition had been granted way back on 02.06.1979 by the Director of Education. The Court has issued contempt notices to the members of the School Managing Committee to reply by 30 September 2013. Copy of the Judgment attached. Ashok Agarwal, Advocate M-09811101923 16.08.2013