Ruchi Sharma vs Ss Mota Singh Model Sr Sec School And Ors on 17 July, 2026

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    Delhi High Court – Orders

    Ruchi Sharma vs Ss Mota Singh Model Sr Sec School And Ors on 17 July, 2026

    Author: Sanjeev Narula

    Bench: Sanjeev Narula

                              $~17
                              *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +         W.P.(C) 7232/2022, CM APPL. 22117/2022 & CM APPL.
                                        55491/2022
                                        RUCHI SHARMA                                                                           .....Petitioner
                                                                      Through:            Mr. Ankur Sharma, Advocate.
    
                                                     versus
                                        SS MOTA SINGH MODEL SR SEC SCHOOL AND ORS
                                                                                    .....Respondents
                                                     Through: Mr. Aranya Moulick, Ms. Namya
                                                              Rishi, Advocates for R-1.
                                                              Mr. Yeeshu Jain ASC with Ms. Jyoti
                                                              Tyagi and Mr. Sachin Garg,
                                                              Advocates for R-2.
                                        CORAM:
                                        HON'BLE MR. JUSTICE SANJEEV NARULA
                                                                      ORDER
    

    % 17.07.2026

    1. The Petitioner is employed as an Assistant Teacher (Science) with
    Respondent No. 1, S.S. Mota Singh Model Senior Secondary School,
    Paschim Vihar, a recognised private unaided school governed by the Delhi
    School Education Act, 1973
    and the Delhi School Education Rules, 1973.

    SPONSORED

    2. The grievance raised in the petition is that, notwithstanding the
    statutory mandate contained in Section 10 of the Delhi School Education
    Act, 1973, the School has not revised the Petitioner’s pay in accordance with
    the recommendations of the 7th Central Pay Commission (“7th CPC“). The
    Petitioner seeks fixation of her pay with effect from 1 st January, 2016 and
    payment of the consequential arrears and allowances. She has also made
    certain ancillary claims relating to ACP, provident fund, ESI, bonus, leave

    W.P.(C) 7232/2022 Page 1 of 9
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    encashment and other service benefits.

    3. The Petitioner states that she made a representation to the School on
    16th November, 2021, followed by a legal notice dated 8 th February, 2022.
    According to her, neither resulted in implementation of the revised pay
    structure, compelling her to institute the present petition.

    4. The School does not dispute that the Petitioner is its regular employee
    or that she is presently being paid in accordance with the 6th Central Pay
    Commission (“6th CPC). Nor does it dispute, in principle, the entitlement of
    employees of recognised private schools to the benefits of the 7th CPC. Its
    principal defence is financial incapacity.

    5. The School attributes its financial position to the rejection of its
    proposals for enhancement of fee, depletion of its reserves, reduction in the
    number of students, non-payment of fee during the Covid-19 pandemic and
    the alleged disruption of its functioning on account of demonstrations
    undertaken by some of its employees. It relies upon its audited accounts,
    orders passed in proceedings concerning fee enhancement and the
    proceedings dated 12th September, 2017 of the Delhi High Court Committee
    for Review of School Fee.

    6. The financial statement placed on record shows annual deficits from
    the financial year 2015-16 onwards and an aggregate deficit of
    approximately INR 27.91 crore up to the financial year 2021-22. The School
    also relies upon the order dated 20th May, 2022 of the Directorate of
    Education, by which it was permitted to enhance the tuition fee by 12% with
    effect from 1st July, 2022.

    7. The School further contends that the Directorate could not, by an
    administrative order issued in 2017, impose the revised pay structure

    W.P.(C) 7232/2022 Page 2 of 9
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    retrospectively from 1st January, 2016. It has also questioned the
    maintainability of the petition on the ground that a private unaided school is
    not “State” within the meaning of Article 12 of the Constitution.

    8. The Directorate of Education has opposed the stand of the School. In
    its counter affidavit, it states that Respondent No. 1 is a recognised private
    unaided school and is statutorily bound to comply with Section 10 of the Act
    as well as the orders issued by the Directorate. It relies upon the orders dated
    25th August, 2017 and 9th October, 2019, by which all recognised private
    unaided schools were directed to implement the Central Civil Services
    (Revised Pay) Rules, 2016 in respect of their regular employees.

    9. The Directorate has also placed on record the School’s
    communication dated 15th December, 2025. In that communication, the
    School stated that it intended to make payment to its employees in
    accordance with the 7th CPC, but had been unable to do so on account of
    shortage of funds. The Directorate, therefore, maintains that the School has
    admittedly not implemented the revised pay structure and that its plea of
    financial incapacity cannot relieve it of the statutory obligation.

    10. The controversy lies within a narrow compass. The questions which
    arise are whether the petition is maintainable against a recognised private
    unaided school; whether the Petitioner is entitled to pay fixation under the
    7th CPC with effect from 1st January, 2016; and whether the School’s
    financial position constitutes a valid defence to that claim.
    Maintainability

    11. The objection to the maintainability of the petition proceeds on a
    misconception as to the scope of Article 226 of the Constitution. The
    Petitioner does not seek enforcement of a purely private contractual

    W.P.(C) 7232/2022 Page 3 of 9
    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 21/07/2026 at 20:45:10
    obligation. She seeks performance of a duty imposed upon a recognised
    private school by Section 10 of the Delhi School Education Act, 1973.

    12. The fact that the School may not be “State” within the meaning of
    Article 12 does not place its statutory obligations beyond judicial review. In
    Raj Soni v. Air Officer Incharge Administration,1 the Supreme Court held
    that recognised private schools in Delhi, whether aided or unaided, are
    governed by the Act and Rules and cannot defy a statutory obligation on the
    plea that they are not authorities under Article 12.

    13. A similar objection as to the maintainability of a writ petition against
    a recognised private unaided school was raised in Kuttamparampath Sudha
    Nair & Ors. v. Managing Committee, Sri Sathya Sai Vidya Vihar & Anr.2
    The
    Court rejected the objection, holding that where the relief sought is, in
    essence, enforcement of a statutory obligation under Section 10(1) of the
    Delhi School Education Act, 1973, a writ of mandamus would lie to enforce
    such statutory duty. The present petition is, therefore, maintainable..
    Entitlement under Section 10

    14. Section 10(1) mandates that the scales of pay, allowances and other
    prescribed benefits of employees of a recognised private school shall not be
    less than those admissible to employees of corresponding status in schools
    run by the appropriate authority. The expression “shall not be less” leaves no
    discretion with the management of a recognised school to prescribe or
    continue a lower pay structure.

    15. This construction is supported by the decisions in Frank Anthony

    1
    (1990) 3 SCC 261.

    2

    2021:DHC:1533.

    W.P.(C) 7232/2022 Page 4 of 9

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 21/07/2026 at 20:45:10
    Public School Employees’ Association v. Union of India,3 and Dhanwant
    Kaur Butalia v. Guru Nanak Public School.4 In Frank Anthony
    while
    examining the constitutional validity of excluding unaided minority schools
    from the operation of Section 8 to 11, the Supreme Court held that the
    mandate of Section 10 is a permissible regulatory measure aimed at
    attracting competent staff and ensuring excellence in educational
    institutions. The said principle has since been reiterated by this Court in
    Dhanwant Kaur Butalia wherein it was observed that Section 10 embodies
    the minimum statutory standard which every recognised school is required
    to observe.

    16. Consequent upon adoption of the Central Civil Services (Revised
    Pay) Rules, 2016 for employees of Government schools, the Directorate
    issued the order dated 25th August, 2017 directing the managing committees
    of all recognised private unaided schools to implement the revised pay
    structure for their regular employees. The order expressly made pay fixation
    and arrears effective from 1st January, 2016. The direction was reiterated on
    9th October, 2019.

    17. The liability of this very management has already been considered by
    this Court. In Amrita Pritam & Ors. v. S.S. Mota Singh Junior Model
    School & Ors.,5
    the Court directed the School to extend the benefits of the
    7th CPC to its employees and to release the arrears. The plea that
    implementation was not possible because of financial hardship and
    restrictions upon fee enhancement was expressly rejected.

    18. The School carried that judgment in appeal. By order dated 26 th

    3
    (1986) 4 SCC 707.

    4

    2016:DHC:320-DB.

    W.P.(C) 7232/2022 Page 5 of 9

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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    September, 2023 in LPA 399/2023 titled S.S. Mota Singh Junior Model
    School & Anr. v. Directorate of Education, Government of NCT of Delhi
    & Ors.
    , the Division Bench dismissed the appeal.

    19. A similar claim by other employees of the same School was allowed
    in Chhaya Singh & Ors. v. S.S. Mota Singh Senior Secondary Model
    School & Ors.6 The
    Court found the matter squarely covered by Amrita
    Pritam and directed payment of the arrears arising from 7th CPC.

    20. The Petitioner is similarly situated. The School has not pointed out
    any distinction in her appointment, status or post which would exclude her
    from the statutory parity mandated by Section 10. On the contrary, its own
    reply states that the entitlement of its employees to 7th CPC has never been
    questioned. Its communication dated 15th December, 2025 reiterates its
    intention to pay, while attributing the continued default only to shortage of
    funds.

    Financial incapacity

    21. The material placed by the School regarding its financial condition
    has been considered. The Court does not doubt that implementation of a
    revised pay structure may impose a substantial financial burden upon a
    private unaided school. That circumstance, however, cannot alter the effect
    of the statutory obligation.

    22. The proceeding dated 12th September, 2017 of the Delhi High Court
    Committee for Review of School Fee concerned the School’s financial
    position in the context of implementation of the 6th CPC and the fee
    enhancement effected pursuant to the Directorate’s order dated 11 th

    5
    2021:DHC:2960.

    6

    In W.P.(C) 12309/2021, decided on 19th May, 2022.

    W.P.(C) 7232/2022 Page 6 of 9

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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    February, 2009. It did not exempt the School from Section 10, much less
    authorise it to withhold the benefits of the Seventh Central Pay Commission.

    23. Moreover, the School’s entitlement to recover additional fee from its
    students and its statutory obligation under Section 10 operate in distinct
    fields. Whether or not permission for enhancement of fee is granted does not
    affect the Petitioner’s statutory entitlement to receive salary in accordance
    with Section 10.

    24. The audited accounts and the order dated 20th May, 2022 may be
    relevant to the time reasonably required for discharging the accumulated
    liability. They cannot extinguish the liability itself. The law on this aspect
    has already been applied against the same management and affirmed in
    appeal.

    Effective date

    25. The School’s challenge to the retrospective operation of the
    Directorate’s order dated 25th August, 2017 is equally untenable. The
    liability does not originate in the order dated 25 th August, 2017. It arises
    from Section 10 itself. Once the revised pay became admissible to
    employees of corresponding status in Government schools with effect from
    1st January, 2016, the statutory parity prescribed by Section 10 operated
    from the same date.

    26. The Directorate’s orders did not create a new liability for an anterior
    period. They required recognised private schools to give effect to an existing
    statutory obligation. The Petitioner is, accordingly, entitled to revision of her
    basic pay from 1st January, 2016. Revised allowances shall, however, be
    payable from the respective dates on which those allowances became
    admissible to employees of corresponding status in Government schools

    W.P.(C) 7232/2022 Page 7 of 9
    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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    under the applicable rules and orders.

    Other claims

    27. The allegations concerning demonstrations by teachers, reduction in
    student strength and the memorandum stated to have been issued to the
    Petitioner regarding corporal punishment have no bearing upon the present
    controversy. No disciplinary order affecting her status or entitlement has
    been placed before the Court. Such allegations cannot constitute an answer
    to the claim under Section 10.

    28. The petition also contains general claims relating to ACP, ESI,
    provident fund, bonus, overtime, leave encashment and other benefits. These
    claims have not been pressed.

    Relief

    29. The School has had the benefit of considerable time. The judgment in
    Amrita Pritam was rendered before the present petition was instituted, and
    the appeal against that judgment has since been dismissed. Even in
    December 2025, the School admitted that no payment under 7th CPC had
    been made to the Petitioner. There is, therefore, no justification for any
    further indefinite postponement.

    30. The financial material placed on record nevertheless persuades the
    Court to grant a reasonable period for liquidation of the accumulated arrears.
    As regards interest, the Petitioner has claimed interest at the rate of 18% per
    annum. That rate is plainly excessive. At the same time, complete denial of
    interest would permit the School to retain, without consequence, amounts
    which ought to have formed part of the Petitioner’s salary.

    31. The writ petition is, accordingly, partly allowed with the following
    directions:

    W.P.(C) 7232/2022 Page 8 of 9

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    i. Respondent No. 1 shall refix the Petitioner’s pay in accordance with
    the Central Civil Services (Revised Pay) Rules, 2016 and the applicable
    orders of the Directorate of Education, with effect from 1st January, 2016.
    ii. Revised allowances shall be calculated from the respective dates on
    which they became payable to employees of corresponding status in
    Government schools.

    iii. A detailed statement of fixation and arrears, after adjustment of the
    amounts already paid, shall be furnished to the Petitioner and the Directorate
    of Education within four weeks.

    iv. The current salary of the Petitioner shall, if not already being paid in
    accordance with the revised pay structure, be brought in conformity with 7th
    CPC from the next ensuing salary month.

    v. The entire arrears shall be released within twelve weeks from today.
    vi. The arrears shall carry simple interest at the rate of 6% per annum
    from the date of institution of the present petition until the date of actual
    payment.

    vii. Respondent No. 2 shall verify the fixation and calculation submitted
    by the School and ensure compliance with these directions. In the event of
    default, it shall take such action as is permissible under the Delhi School
    Education Act, 1973
    and the Rules framed thereunder.

    32. The writ petition and the pending applications are disposed of in the
    aforesaid terms. There shall be no order as to costs.

    SANJEEV NARULA, J
    JULY 17, 2026/ab

    W.P.(C) 7232/2022 Page 9 of 9
    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 21/07/2026 at 20:45:10



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