Legal Question in Education Law in India

promotion

I am direct to applying a writ

pet. For promotion against delhi public school.


Asked on 9/11/08, 12:11 am

3 Answers from Attorneys

Re: promotion

You always have the right to file a writ petition in the high court of the concerned state but as this is a service matter you must first try and file your matter in Central Administrative Tribunal ie CAT as you can resolve the case there itself instead of moving to the HC.

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Answered on 9/11/08, 12:57 am
Vijay Chandavale Advocate Vijay Chandavale & Associates

Re: promotion

if you have no other alternative remedy you have go in writ

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Answered on 9/14/08, 1:40 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: promotion

No, a writ petition against DPS is not maintainable because DPS is not a 'public authority' within the meaning Article 226/227 of the Constitution of India.

You are also not entitled to approach CAT claiming promotion against DPS management.

Your only remedy is available under the contract you have executed with the school or against violation of any policy DPS might have made about promotion.

Therefore, you may only file a civil suit in trial court.

It will be better if you approach the management with a representation and settle the matter amicably without resorting to litigation.

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Answered on 9/11/08, 6:52 am


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