Jolly Batoo v. Govt of NCT of Delhi and Ors

TEJAS KARIA, J

SEPTEMBER 10, 2026 N.Khanna

* IN THE HIGH COURT OF DELHI AT NEW DELHI + Date of Decision: 10.09.2026 # CNR No. DLHC010429622026 + LPA 713/2026 & CM APPL. 61620/2026 JOLLY BATOO .....Appellant Through: Mr. Rakesh Khanna, Senior Advocate with Mr. S.K. Gupta and Mr. Udit Gupta, Advocates. versus GOVT OF NCT OF DELHI AND ORS .....Respondents Through: Ms. Latika Choudhary, Advocate for R-1. Ms. Disha Choudhary, GP for UoI. Mr. Siddharth Krishna Dwivedi, Advocate for R-4 and R-5. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA DEVENDRA KUMAR UPADHYAYA, CJ. (ORAL) CM APPL. 61621/2026 (Exemption) 1. Exemption is allowed, subject to all just exceptions. 2. The Application stands disposed of. CM APPL. 61619/2026 (Condonation of Delay) 3. This is an Application filed on behalf of the Appellant seeking condonation of delay of 71 days in filing the present Appeal. 4. For the reasons stated in the Application, the same is allowed. The delay of 71 days in filing the present Appeal is hereby condoned. 5. The Application stands disposed of. 6. The appellant, a directly recruited Post Graduate Teacher (PGT) in Commerce, working with the respondent No.4 – Lady Irwin Senior Secondary School (hereinafter referred to as 'the School'), seeks to challenge the judgment dated 27.02.2026 passed by the learned Single Judge whereby W.P.(C) No. 16751/2024 instituted by the appellant has been dismissed. The appellant also challenges the order dated 18.05.2026 passed on the petition preferred by her seeking review of the said judgment dated 27.02.2026, which was also dismissed by the said order. 6.1 The challenge made by the appellant before the learned Single Judge in the underlying writ petition related to seniority list of the PGT teachers in the school issued in the month of March, 2022 (hereinafter referred to as 'March 2022 seniority list') where the appellant is shown at serial No.6 whereas respondent Nos. 6, 7, 8 and 9 have been shown at serial Nos. 1, 3, 4 and 5 respectively. The appellant had also challenged the promotion of respondent No.7 on the post of Vice Principal vide Departmental Promotion Committee's ('DPC') recommendation dated 28.11.2024. 6.2 Prior to issuance of the March 2022 seniority list, a seniority list is said to be in existence which was prepared in October, 2020 where the appellant was shown senior to respondent Nos. 7, 8 and 9, however, she was shown junior to respondent No.6. The seniority position of the appellant in the said October, 2020 seniority list was at serial No.4 whereas the respondent No.6, 7, 8 and 9 were shown at serial Nos.2, 10, 9 and 7 respectively. 6.3 The respondent No.4 – school is a recognised, Government aided and privately managed school. The recruitment and terms and conditions of service of employees of such schools are governed by the provisions contained in Chapter XIII of Delhi School Education Rules, 1973 (hereinafter referred to as the '1973 Rules'). So far as the determination of seniority of the employees in the school is concerned, the same is governed by Rule 109 which is extracted herein below: "109. Seniority (i) There shall be a seniority roster for each grade and the names of the employees appointed to posts in each grade shall be arranged in the roster in accordance with this rule. (ii) Seniority of employees shall be determined by the order of merit in which they were selected for appointment to the concerned post, these selected on an earlier occasion being ranked senior to those selected later: Provided that in a case where a joint seniority roster of employees of each grade common to all schools used to be maintained by society or trust running such schools prior to the commencement of these rules, inter-se- seniority of all employees of such schools shall continue to be maintained jointly. (iii) Inter-se-seniority between direct recruits and promotees shall be determined according to the rotation of vacancies between direct recruities and promotees which shall be based on the quota of vacancie