The Delhi High Court has ruled that the private school suspension DoE approval requirement under Section 8(4) of the Delhi School Education Act, 1973 must be completed within 15 days. The Court held that a suspension order automatically ends if the Director of Education does not approve it within the prescribed period. A later approval cannot revive the expired suspension.
Full Bench Clarifies Suspension Law
A Full Bench of the Delhi High Court held that recognised private school employees cannot remain under suspension beyond 15 days without approval from the Director of Education.
Justice C. Hari Shankar, Justice Om Prakash Shukla and Justice Renu Bhatnagar delivered the judgment in Hema Bajaj v. Rao Mehar Chand Saraswati Vidya Mandir School and Ors.
Reference Before Full Bench
The matter came before the Full Bench after a Single Judge’s order dated 28 March 2026.
The Single Judge found a conflict between two Division Bench rulings.
The conflicting decisions came from Sharda Devi Sanskrit Vidyapeeth v. Director of Education and Delhi Public School Dwarka v. Sarika Prasad.
Statutory Provision Examined
The Bench examined the second proviso to Section 8(4) of the Delhi School Education Act, 1973.
The provision allows a recognised private school’s managing committee to suspend an employee immediately without prior approval.
However, the suspension cannot continue beyond 15 days unless the Director of Education approves it before the period expires.
Key Question Before Court
The Full Bench considered whether a later approval could revive a suspension that had already ended after 15 days.
The school relied on the decision in Sharda Devi Sanskrit Vidyapeeth.
It argued that a later approval could validate the suspension even after the 15-day period.
Court Rejects Revival Of Lapsed Suspension
The Full Bench disagreed with the view in Sharda Devi Sanskrit Vidyapeeth.
The Court held that the law clearly limits immediate suspension to 15 days without approval.
Therefore, if the Director does not approve the suspension within that period, the suspension ends automatically.
The Court observed that a later approval cannot revive a suspension that no longer exists.
Employee’s Work Status After Suspension Ends
The Court rejected the argument that an employee remains suspended because they did not return to work after the 15-day period.
It held that once the suspension expires, the employee has the right to receive work assignments.
If the management does not provide work, the responsibility lies with the school authorities.
Fresh Suspension Requires Legal Compliance
The Bench clarified that schools can issue a fresh suspension order if necessary.
However, such action must follow the requirements of Section 8(4) of the Act.
The school must also obtain approval from the Director of Education wherever required.
Reliance On Delhi Public School Decision
The Full Bench approved the principle laid down in Delhi Public School Dwarka v. Sarika Prasad.
The earlier decision held that suspension ends when authorities fail to decide on approval within 15 days.
The Court also observed that schools can seek appropriate legal remedies if the Director delays action.
Supreme Court Judgment Considered
The Bench also relied on the Supreme Court judgment in Mrs. Y. Theclamma v. Union of India.
The Supreme Court had held that failure by the Director to respond within the statutory period results in the suspension becoming ineffective.
The Full Bench noted that this principle supports the view that delayed approval cannot revive a lapsed suspension.
Full Bench’s Final Decision
The Full Bench answered the legal question by holding that suspension automatically ends if the Director of Education does not grant approval within 15 days.
It further held that any approval granted after the deadline has no legal effect.
The Court approved the reasoning in Delhi Public School Dwarka and disagreed with the approach taken in Sharda Devi Sanskrit Vidyapeeth.
Private School Suspension DoE Approval Rule Confirmed
The Delhi High Court confirmed that the private school suspension DoE approval timeline is mandatory under Section 8(4) of the Delhi School Education Act.
The Court directed that the main writ petition should return before the concerned Bench on 31 July 2026, subject to directions from the Chief Justice.
