Sunita Nayyar v. Govt. of NCT of Delhi & Ors.

1. This writ petition is filed by the petitioner/teacher seeking the following reliefs:- “(a) issue an appropriate writ, order or direction directing the Respondent Nos. 1 and 2 to forthwith initiate enquiry into the matter of complaint dated 31.01.2013 of the Petitioner and to take appropriate action against the Respondent/School in accordance with law; (b) pass any such order on further orders in favour of the Petitioner as this Hon’ble Court may deem just and appropriate in the facts and circumstances of the case and in the interest of justice; and

(c) allow the present Writ Petition with cost in favour of the Petitioner”.

2. The complaint dated 31.1.2013 which has been sent to the respondent nos. 1 and 2 seeks that petitioner should be given a due status as a school teacher and she should not be troubled by issues of alleged unhealthy physical conditions of service, non assignment of teaching aids, designed social boycott, use of unwarranted remarks, abusive language etc.

3. A writ petition is entertained only to enforce statutory duties or constitutional rights. In the writ petition, there is nothing which is mentioned as to which provision of law is violated and enforcement of which is sought. So far as the constitutional provision is concerned, I do not think for grievances such as those pleaded in the present petition, Articles 21 and 14 of the Constitution of India can in any manner come into play. Of course, the petitioner has entitlement as a teacher and she can enforce those rights as against the school by appropriate independent proceedings, however, since there is no violation of statutory rights or constitutional rights, a writ petition cannot lie.

4. The writ petition is accordingly dismissed with the aforesaid observations.

APRIL 17, 2013 VALMIKI J. MEHTA, J. ib