Dayanand Adarsh Vidyalaya's management cannot evade salary obligations; Directorate of Education tasked with assessing financial responsibility.
In a significant judgment dated March 24, 2026, the Delhi High Court, presided over by Justice Sanjeev Narula, ruled that the unilateral cessation of Dayanand Adarsh Vidyalaya's operations from April 1, 2020, without the requisite approval from the Directorate of Education, does not constitute a lawful closure. The court emphasized that the obligations towards employee salaries and benefits remain intact despite the school's halted activities.
The legal battle, involving multiple writ petitions and a contempt case, revolved around the school's failure to pay salaries beyond March 31, 2020, and its subsequent claim of closure due to financial constraints and dwindling student numbers. The petitioners, comprising teaching and non-teaching staff, argued that the closure lacked formal approval, rendering it illegal and preserving their rights to salaries and benefits.
The court underscored the statutory framework under the Delhi School Education Act, 1973, which mandates prior approval for school closures to safeguard employees' rights and ensure financial stability. It highlighted that the management's actions amounted to an unlawful cessation, with no legal closure recognized without the Directorate's consent.
Justice Narula directed the Directorate of Education to compute the dues owed to the petitioners and identify the entities responsible for satisfying these obligations. The court also instructed the Directorate to determine which entity, among the school's managing bodies, had actual control and management responsibilities at the time of the cessation.
The judgment mandates that liability for the dues is to be shared jointly by the school and any other entity identified by the Directorate as having been in control. The court also instructed the Directorate to finalize its decision on the school's closure application, ensuring employee dues are settled or adequately secured before granting any approval.
The ruling emphasizes the importance of adhering to statutory processes and protecting the rights of employees in educational institutions, setting a precedent for similar cases of school closures in the future.
Bottom Line:
Closure of a recognized school without prior approval of the Directorate of Education is illegal, and such unilateral cessation does not dissolve the obligation to pay salaries and service dues of employees.
Statutory provision(s): Delhi School Education Act, 1973, Sections 3, 4, 8, 10, 20, Rule 46
Vishwajyoti v. Virender Kumar Sardana, (Delhi) : Law Finder Doc id # 2875298
