$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010260022026 + W.P.(C) 8124/2026, CM APPL. 38701/2026 & CM APPL. 41092/2026 CHAIRMAN/PRESIDENT, COUNCIL OF SEVENTH-DAY ADVENTISTS EDUCATIONAL INSTITUTIONS (COSDEI) AND ORS. .....Petitioners Through: versus DR. G. IMMANUEL AND ORS. .....Respondents Through: Mr. Kabir Quraishi, Advocate for R- 1. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R % 07.09.2026 1. Respondent No. 1 was serving as the Principal of Seventh-Day Adventist Higher Secondary School/ Petitioner No. 3, an institution managed by Petitioner No. 2 and established and administered by Petitioner No. 1. The controversy arises from the notice dated 27th August, 2025 issued by the School informing Respondent No. 1 that he would retire on 30th September, 2025 with effect from 01st October, 2025. According to the Petitioners, the date of birth of Respondent No. 1 is 01st September, 1955 and he had, therefore, attained the age of superannuation. Respondent No. 1, on the other hand, asserts that his date of birth is 10th July, 1957 and that his retirement was, therefore, premature. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/09/2026 at 11:54:28 2. Aggrieved by the aforesaid action, Respondent No. 1 initially approached the High Court of Gujarat by way of Special Civil Application No. 1455/2026. The said petition was withdrawn on 05th February, 2026, with liberty to avail the appropriate remedy in accordance with law. 3. Thereafter, Respondent No. 1 approached the National Commission for Minority Educational Institutions [“NCMEI”]. By the impugned order dated 26th May, 2026, the NCMEI directed restoration of Respondent No. 1 to the position of Principal with continuity of service and consequential benefits, proceeding on the basis that he would attain the age of superannuation on 10th July, 2027. 4. The Petitioners have assailed the said order, inter alia, on the ground that the dispute raised by Respondent No. 1 is essentially a service dispute concerning his date of birth and consequent superannuation, and that the NCMEI lacked jurisdiction under the National Commission for Minority Educational Institutions Act, 2004 to adjudicate such a dispute or direct his reinstatement. 5. This Court, by order dated 10th June, 2026, issued notice and, finding a prima facie case in favour of the Petitioners, stayed the operation of the impugned order. 6. Pleadings are complete and counsel for the parties have been heard. During the course of hearing, Mr. Romy Chacko, Senior Counsel appearing for Respondent No. 1, on instructions, submits that the Gujarat Educational Institutions Services Tribunal Act, 2006 [“2006 Act”] provides a statutory remedy of appeal to an employee aggrieved by a decision of an educational institution. He submits that Respondent No. 1 would avail the said remedy and, accordingly, does not seek to sustain the impugned order passed by the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/09/2026 at 11:54:28 NCMEI. 7. Mr. Chacko, however, requests that the proceedings which Respondent No. 1 may initiate under the 2006 Act be considered independently and without being influenced by any observations contained either in the impugned order or in the order dated 10th June, 2026 passed by this Court. He further submits that, according to Respondent No. 1, his date of superannuation would be 10th July, 2027 and, therefore, requests that the appeal, as well as any application for interim relief, be considered expeditiously. 8. Having considered the aforesaid submissions, and in view of the statement made on behalf of Respondent No. 1, it is unnecessary for this Court to examine the challenge to the jurisdiction of the NCMEI or the rival contentions of the parties on merits. The present petition is accordingly disposed of with the following directions: i. The impugned order dated 26th May, 2026 passed by the NCMEI in Misc. Case No. 04/2026 is set aside and the proceedings arising from the complaint of Respondent No. 1 before the NCMEI shall stand closed. The NCMEI shall pass a formal order recording the same. ii. Respondent No. 1 shall be at liberty to avail the remedy of appeal under the Gujarat Educational Institutions Services Tribunal Act, 2006. iii. In the event such an appeal is filed, the Tribunal shall consider the same independently and shall not be influenced by any observations contained either in the impugned order dated 26th May, 2026 or in the order dated 10th June, 2026 passed by this Court. iv. The appeal shall be considered on its own merits and in accordance with law. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/09/2026 at 11:54:28 v. All rights and contentions of the parties are left open. vi. Having regard to the urgency expressed on behalf of Respondent No. 1, particularly his assertion that he would attain the age of superannuation on 10th July, 2027, this Court requests the Tribunal to consider the appeal, as well as any application for interim relief, as expeditiously as possible. vii. Respondent No. 1 shall also be at liberty to seek condonation of delay in filing the appeal. In considering any such application, the Tribunal shall take into account, in accordance with law, the fact that Respondent No. 1 had been pursuing remedies before the High Court of Gujarat, the NCMEI and thereafter before this Court. 9. The petition, along with pending applications, if any, stands disposed of in the above terms. SANJEEV NARULA, J SEPTEMBER 7, 2026/hc This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/09/2026 at 11:54:28