New Delhi [India], October 27 (ANI): The Delhi High Court has struck down a single judge bench's directive to form two-tier committees for resolving pay commission disputes between teachers and unaided private schools, holding that judicial powers cannot be delegated to administrative panels.
Finding that several important issues, such as teachers' eligibility, appointment irregularities, and the schools' financial autonomy, had not been examined, the HC set aside the single bench's judgment and remanded the matter to the roster bench for fresh adjudication.
A Division Bench of Justice Subramonium Prasad and Justice Vimal Kumar Yadav allowed a batch of appeals filed by teachers as well as schools, finding that the single bench's November 2023 judgment directing the Delhi government to set up "High-Powered Committees" at the Central and Zonal levels went beyond permissible limits under law.
The Bench observed that while courts may constitute committees to collect facts or assist in implementation, adjudication of rights and entitlements must remain a judicial function.
"The judicial functions are to be discharged by the judges and cannot be delegated to any committee formed by courts," the Bench said, clarifying that such committees "can only provide factual clarity to assist the court in adjudication."
The ruling came in a batch of Letters Patent Appeals filed by teachers and several private unaided schools.
The dispute originated from multiple writ petitions filed by teachers seeking parity in salary and benefits under the 6th and 7th Central Pay Commissions, as mandated under Section 10 of the Delhi School Education Act, 1973, which requires that employees of recognised private schools receive pay and allowances at par with those in government schools.
The single judge bench had supported the teachers' claim but, instead of granting direct relief, had ordered the constitution of Central and Zonal Committees to verify and decide individual claims and payment modalities.
However, the Division Bench held that such an arrangement "relegated judicial determination to a non-judicial forum," contrary to law. The court cited the Supreme Court's observations, emphasising that expert or administrative committees appointed by courts "cannot substitute the adjudicatory role of the judiciary."
The Bench also took note of the schools' grievance that the earlier order overlooked their statutory right to revise fees under Sections 17 and 18 of the DSE Act and failed to consider constraints arising from pending proceedings before the Supreme Court concerning implementation of the 7th CPC in private institutions. (ANI)
