Sunil Gaur, J. - (1.) Impugned Communication of 20th February, 2018 withdraws the resolution vide which petitioner was promoted to the post of Vice Principal. The challenge to impugned Communication (Annexure A) is on the ground that no approval from the Director of Education, Govt. of NCT has been taken. While entertaining this writ petition, it is noted in the order of 1st March, 2018 that the net effect of impugned Communication is that petitioner has been reduced to the rank of TGT. Status quo qua the service of petitioner was ordered on 1st March, 2018.
(2.) Now an application has been filed by respondent-society and school for dismissal of the writ petition on the ground that the jurisdiction against impugned Communication lies with the Delhi School Tribunal as the impugned Communication amounts to reduction in rank.
(3.) Learned counsel for petitioner draws the attention of this Court to Section 8 (3) of the Delhi School Education Act, 1973 and relies upon decision of this Court in Presiding Officer Delhi School Tribunal vs. Govt. of NCT of Delhi,2010 SCCOnLineDel 2924 wherein it has been held that Delhi School Tribunal has no jurisdiction to deal with the minor penalties inflicted and the matter of suspension cannot be challenged before the Tribunal. The precise submission of petitioner's counsel is that an appeal can be filed against an order of removal, termination, reduction in rank and regarding impugned Communication, he submits that petitioner has not been reduced in rank. It is submitted that respondent-Society has no authority in law to issue the impugned Communication to reduce petitioner in rank.;