The Delhi High Court has delivered an important verdict regarding the rights of teachers working in private schools. While hearing a petition from a female teacher, the court clarified that teachers working in recognized private schools in Delhi are entitled to Child Care Leave (CCL), similar to government school teachers.

A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Tejas Karia overturned a single judge’s decision, stating that under the Delhi School Education Rules, employees of private schools should receive the same leave benefits as government school employees.

The case involves a teacher working in a recognized private but unaided school. She had requested Child Care Leave from May 1, 2025, to September 30, 2025, to care for her son, who is studying in the twelfth grade.

The petition stated that her son was under pressure from board exam preparation and studies, requiring his mother’s support and care. However, the school administration did not accept her leave request, prompting her to approach the court.

Initially, the single judge hearing the case dismissed the petition, citing some previous rulings. At that time, the court said that private school teachers are not entitled to all the same benefits as government employees.

During the hearing, the teacher’s side argued that under Section 10 of the Delhi School Education Act (DSE Act) and Rule 111, teachers in recognized private schools should receive the same leave and other facilities as government school teachers.

In its decision, the division bench stated that Rule 111 of the Delhi School Education Rules clearly says that employees of recognized private schools, whether aided or unaided, are entitled to benefits equal to those of employees in similar positions in government schools.

The court also referred to Rule 43(C) of the Central Civil Services (Leave) Rules, 1972. According to this, female government employees can be granted Child Care Leave for a maximum of 730 days during their service period to care for the education, health, and other needs of their two eldest living children.

The High Court said that when teachers in Delhi’s government schools have this facility, teachers in recognized private schools cannot be denied it. The court also stated that maternity leave and Child Care Leave are benefits that cannot be converted into cash.

In its decision, the Delhi High Court directed the concerned school to consider the teacher’s application as soon as possible and make a decision according to the law.

Delhi High Court

The Delhi High Court is the principal civil court of original jurisdiction and the highest judicial body in the National Capital Territory of Delhi, established on October 31, 1966, under the Delhi High Court Act of 1966. It was created after the dissolution of the Punjab High Court, which previously served both Punjab and Delhi, and it has since played a pivotal role in landmark judgments on civil liberties and constitutional law. The court is located in a historic building complex near India Gate, symbolizing the evolution of India’s independent judiciary.

Delhi School Education Act (DSE Act)

The Delhi School Education Act (DSE Act), enacted in 1973 by the Government of the National Capital Territory of Delhi, is a key legislation that governs the management, recognition, and regulation of both government and private schools in Delhi. It was introduced to ensure uniform standards in education, protect the rights of teachers and staff, and establish clear rules for school operations, including admissions and fee structures. The Act has been instrumental in shaping the educational landscape of Delhi, though it has also been subject to amendments and legal debates over issues like minority rights and fee regulation.

Central Civil Services (Leave) Rules, 1972

The “Central Civil Services (Leave) Rules, 1972” is a set of regulations governing leave entitlements for central government employees in India. Established under Article 309 of the Constitution, these rules outline various types of leave, such as earned leave, casual leave, and medical leave, along with their accumulation and encashment conditions. They have been periodically amended to adapt to changing administrative needs and employee welfare considerations.