Manmohan Sarin, J. - (1.)Petitioner by this petition assails the order dated 27.10.2003 Annexure P-1 passed by respondent no.4 terminating the services of the petitioner w.e.f 28.10.2003. The services of the petitioner as Upper Division Clerk (in short U.D.C.) have been terminated following the rejection of the proposal of grant-in-aid by the Directorate of Education in respect of the petitioner. The Directorate of Education refused the grant-in-aid since the petitioner was over age, being 28 years on the date of recognition of the school. The maximum age permissible under the Delhi School Education Rules, 1973 being 25 years.
(2.)The facts giving rise to the petition may be noted:- Petitioner Vijay Prakash was employed on 17.8.1994 by Sharda Devi Sanskrit Vidyapeeth-respondent no.4 as a U.D.C at a consolidated salary of Rs.1500/- per month. With the passage of time, his salary was enhanced to Rs.2000/- per month. The school was recognized by respondent no.1-Directorate of Education on 1.4.1998. The school kept on following up with Directorate of Education for sanction and creation of posts for its staff. These were sanctioned on 10.7.2001. These were Teacher grade II(TGT)-3, UDC-1, Group `D'-1 and Cook-1. While sanctioning the Education Officer also observed " It is also informed that the surplus employees/teachers from other Vidyalayas if available, may be considered for the absorption against these sanctioned posts. The school branch keeps the record of such employees." In the event, DPC was held on 22.11.2002. The minutes of the DPC are produced as Annexure P-4 page 20.
(3.)The DPC comprised Deputy Director Education(C), Secretary Sanskrit, Academy, Chairman/Manager of School and Education Officer of the Zone 27. It considered the regularization of the staff namely two teachers, one UDC, one Waterman and one Cook. As per the minutes of the DPC, after minutely scrutinizing the record and taking a logical and humanitarian view, the DPC decided on regularization of five employees against their respective posts w.e.f. 26.11.2001. The school also passed a resolution accepting regularization. The Education Officer further vide communication dated 4.12.2002, informed School that the Deputy Director of Education, Distt. Central had approved the regularization of the said employees. Pursuant thereto appointment letters were also issued to the employees including the petitioner.