NDLI: Mrs. Y. Theclamma Vs. Union of India & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Delhi School Education Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India Delhi School Education Act, 1973 (18 of 1973)
Case Type	Writ Petition
Court	Supreme Court of India
Disposal Nature	Petition Dismissed
Headnote	Delhi School Education Act, 1973: S. 8(4)-Minority educational institution-Suspension of teacher-Order whether vitiated for want of approval by Director of Education, Sub-section whether ultra vires the Constitution. Constitution of India, Article 30: Minority educational institution-Regulations can be made for ensuring fair procedure in matters of disciplinary action. Sub-section (4) of s. 8 of the Delhi School Education Act, 1973 interdicts the management of a recognised private school from suspending any of its employees except with the prior approval of the Director of Education. However, in cases of gross misconduct the first proviso to that sub-section provides for suspension of the employee with immediate effect, while the second proviso limits the period of such suspension to fifteen days, unless it has been communicated to the Director and approved of by him before the expiry of the said period. The petitioner, a teacher in a recognised private school run by a linguistic minority educational society, was placed under suspension by the management by its order dated April 23, 1986 on charges of diversion of funds, pending departmental inquiry and the fact intimated to the Director of Education, without formally seeking his approval under s. 8(4) of the Act. She filed a suit assailing the order as violative of s. 8(4) of the Act and also an application for the grant of a temporary injunction which was dismissed by the trial court following the decision of the High Court in S.S. Jain Sabha v. Union of India, [ ILR (1976) 2 Del. 61] taking the view that the educational institution having been established and administered by a linguistic minority, it was protected under Art. 30(1) of the Constitution, and therefore, the provisions of the Act and in particular, s. 8(4) were not applicable. Her special leave petition having been dismissed as withdrawn by this Court, she filed the present writ petition in this Court and there after withdrew the suit. Relying upon the decision In Frank Anthony Public School Employees Association v. Union of India, [1986] 4 SCC 707 it was contended for the petitioner that the impugned order of suspension being without prior approval of the Director, as required under s. 8(4) of the Act, was vitiated. For the respondents it was contended that the decision of the Court in Frank Anthony Public School's case being contrary to the decision of the Constitution Bench in Lilly Kurian v. Sr. Lewina & Ors., [1979] 1 SCR 820 required reconsideration and that s. 8(4) of the Act was violative of Article 30(1).
Judge	Hon'ble Mr. Justice A.P. Sen
Neutral Citation	1987 INSC 112
Petitioner	Mrs. Y. Theclamma
Respondent	Union Of India & Ors.
SCR	[1987] 2 S.C.R. 974
Judgement Date	1987-04-15
Case Number	1232

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
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