DELHI PUBLIC SCHOOL Vs. DREAM FLOWER SCHOOL EMPLOYEES ASSOCIATION AND ORS

JUDGEMENT

(1.) Heard Mr. M.K. Choudhury, learned Counsel for the Appellant and Mr. K.P. Sharma, learned Counsel for Respondent Nos. 157, and Mr. P.C. Deka, learned Counsel for Respondent Nos. 58 and 59 as well as Mrs. A. Hazarika, learned Addl. Sr. Govt. Advocate, Assam.

(2.) The facts required for adjudication of the question involved in the case in short compass are that on 10.9.1996, the Bongaigaon Refinery & Petrochemicals Ltd. (for short, the BRPL) and the Delhi Public School Society (fort short, the DPS) entered into an agreement to set up a new school at BRPL Complex with the name, "Delhi Public School, Dhaligaon". On 5.11.96, the DPS issued an advertisement for recruitment of Principal, Headmistress, Trained Graduate Teachers and Primary Teachers. Aggrieved by the issuance of the advertisement and filling up of the posts by new entrants by the DPS Society, the erstwhile employees of the BRPL school filed writ petition. The learned Single Judge, while allowing the writ petition, gave the following directions:

(3.) The writ Appellant, aggrieved by the directions, particularly, direction No. (iii), filed a Review Application. As per the Appellant, the Chairman of the Interview Board should be the Chairman of the Delhi Public School Society, and secondly, once the Court gave a direction for interview, then it is not the eligibility of the candidate but the suitability of the candidate which should be considered for selecting and appointing the candidates interviewed. The learned Single Judge did not agree with the submissions made by the Appellant and rejected the review application. Aggrieved by the said order, the present appeal is filed.