Delhi HC: teachers terminated without the Director's approval reinstated; a tribunal remedy did not bar the writ

The Delhi High Court ordered an unaided private school in Delhi to reinstate four regular teachers with full salary from the date they were terminated in May 2019. Section 8(2) of the Delhi School Education Act, 1973 says no employee of a recognised private school shall be dismissed, removed or otherwise terminated except with the prior approval of the Director of Education. The school did not dispute that it had no such approval, the Directorate confirmed none was sought, and it was undisputed that no inquiry was held. The teachers said the letters came about a week after they complained to the Directorate about the school's salary practices; the Court decided the case without going into those disputes.

The school argued that they should have appealed to the Delhi School Tribunal under Section 8(3). Justice A. J. Bhambhani rejected this, relying on Radha Krishan Industries v. State of Himachal Pradesh and Satwati Deswal v. State of Haryana. The bar of alternative remedy, he said, is one of self-restraint and not of jurisdiction, a rule of policy, convenience and discretion. It yields where a fundamental right is enforced, natural justice is violated, proceedings are wholly without jurisdiction, or the vires of a law is challenged.

The petition had also been pending for six years. The terminations were quashed, with arrears payable within six weeks. This is a Delhi High Court ruling, binding within Delhi, not a Supreme Court precedent.