What is the core issue in this case?

Whether a teacher in a recognized private school could retire at 60 instead of 58 and if Delhi Education Act rules apply uniformly to such schools.

What did the Supreme Court decide?

The Court held the teacher was entitled to retire at 60. Statutory rules under the Delhi Education Act applied uniformly to the school.

Does it matter that the school was unaided and private?

No. Once recognized, the school had to follow the statutory service rules uniformly, whether aided or unaided.

Was there discrimination?

Yes. The school let others retire at 60 but forced the petitioner to retire at 58, which was arbitrary and discriminatory.

What relief was granted?

Salary and allowances for the two extra years and recalculated retirement benefits as if retirement occurred at 60.

Miss Raj Soni v. Air Officer In-Charge

Quick Summary

The Supreme Court said a recognized private school must follow statutory service rules under the Delhi Education Act and Rules. Here, the teacher—appointed long before the Act—could retire at 60, not 58. The school’s selective practice was illegal and discriminatory.

AIR 1990 SC 1305 Service Conditions Private (Unaided) Schools Uniform Application

Issues

Does an existing teacher keep the 60-year retirement age despite later rules fixing it at 58?
Must a recognized private, unaided school apply the Delhi Education Act and Rules uniformly to all employees?

Rules

Service rules in the Delhi Education Act & Rules bind all recognized private schools, aided or unaided.
Existing employees may keep the more favorable prior condition (here, retirement at 60 under the 1965 Code).
Rules must be applied uniformly; selective deviation is not allowed.

Facts — Timeline

1956: Miss Raj Soni appointed as teacher at Air Force Central School, New Delhi.

1961: Five-year renewal; later continues as regular employee.

1965: Delhi Education Code prescribes 60 as superannuation age.

1973: Delhi Education Act & Rules fix 58, but allow existing staff to keep 60.

1981 (Oct 31): School retires petitioner at 58.

Article 32 Writ: She approaches Supreme Court claiming statutory right and discrimination.

Arguments

Appellant (Teacher)

As an existing employee, she keeps the 60 years rule.
School is recognized; statutory rules bind it.
Different treatment vs others who retired at 60 = discrimination.

Respondent (School)

Practice was to retire at 58 (with exceptions).
As a private, unaided school, claimed not strictly bound like “State”.

Judgment

Petitioner entitled to retire at 60 (Code of 1965 + protective clause under Act/Rules).
Uniform application of Act/Rules is mandatory for recognized private schools.
Not a defense that the school is not “State” under Article 12 for this statutory duty.
School acted arbitrarily by letting others retire at 60 but not the petitioner.
Relief: Pay salary/allowances for two extra years and recalculate post-retirement benefits at 60.

Writ allowed. Costs: each party bears own.

Ratio Decidendi

For recognized private schools, statutory service rules under the Delhi Education Act and Rules are binding and uniform. Existing employees retain the more beneficial retirement age (60). Selective deviation violates the statutory framework and equality norms.

Why It Matters

Protects teachers from arbitrary retirement decisions.
Confirms that recognition triggers compliance with statutory rules, even for unaided schools.
Guides managements on uniform application of service conditions.

Key Takeaways

Rule of Law

Statutory rules bind recognized private schools.
More beneficial prior terms are protected.

Protection

No selective retirement ages.
Remedies include back wages and revised benefits.

Mnemonic + 3-Step Hook

Mnemonic: “Recognized = Rules; Earlier = Elder (60); Selective = Stop.”

Recognized school must follow Rules.
Earlier condition keeps you Elder (60).
Selective treatment? Stop—it’s unlawful.

IRAC Outline

Issue	Rule	Analysis	Conclusion
Retirement at 60 vs 58; uniform application to recognized private school.	Act/Rules bind recognized schools; existing staff keep more beneficial terms.	School earlier allowed 60 for others; denying petitioner is discriminatory and contrary to statute.	Petitioner retires at 60; salary and benefits for extra two years allowed.

Glossary

Recognized School: A school officially approved under law; must follow statutory rules.
Superannuation: Retirement on reaching the prescribed age.
Article 32: Right to move the Supreme Court for enforcement of fundamental rights.