Delhi High Court - Orders
Dr. Kriti Bhandari vs Delhi Technological University And Anr on 5 May, 2025
Author: Prateek Jalan
Bench: Prateek Jalan
$~91
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5920/2025
DR. KRITI BHANDARI .....Petitioner
Through: Ms. Rashmi Chopra, Senior
Advocate with Ms. Fiza Chopra
and Mr. Puneet Rathi, Advocates.
versus
DELHI TECHNOLOGICAL UNIVERSITY
AND ANR .....Respondents
Through: Mrs. Avnish Ahlawat, Standing
Counsel (GNCTD) with Mr,.
Nitesh Kumar Singh, Ms.
Laavanya Kaushik, Ms. Aliza
Alam, Mr. Mohnish Sehrawat and
Mr. Amitoj Chadha, Advocates.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 05.05.2025 CM APPL. 26958/2025 (for exemption)
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 5920/2025, CM APPL. 26957/2025 (for urgent directions)
3. Issue notice. Mrs. Avnish Ahlawat, learned Standing Counsel, accepts notice on behalf of the respondents.
4. The petitioner is working as an Assistant Professor (Biotechnology) on contractual basis in the respondent No. 1 - Delhi Technological University ["University"] since the year 2014. The University had issued an advertisement on 14.03.2024 calling for W.P.(C) 5920/2025 Page 1 of 3 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 29/06/2025 at 18:07:40 applications for nine posts of Assistant Professor (Biotechnology).
5. The petitioner claims that no recruitment has been held for this post since the year 2010, and she has been working on contract in the said post for more than ten years. Resultantly, she has been rendered overage, as the age fixed in the Recruitment Rules of the University is 35 years. She has been granted age relaxation of only five years, which is also insufficient for her to qualify.
6. Mrs. Ahlawat submits that a maximum relaxation of five years is permitted in terms of the notification dated 11.06.2019 by Government of National Capital Territory of Delhi ["GNCTD"].
7. Ms. Rashmi Chopra, learned Senior Counsel for the petitioner, relies upon an order of a coordinate Bench of this Court dated 07.04.2022 in Poonam and Ors. v. GNCTD and Ors. [W.P.(C) 5397/2022]. Although the case concerns a request for regularisation in the same University, the Court disposed of the petition with the following directions:
"19. So it follows in view of the above judgment of the Supreme Court that the services of the petitioners are being continued and also the fact that the vacancies are existing for the post of Technical Assistant, as and when the respondent, University, decides to fill the posts through open selection, the petitioners shall also apply against the same but in their case, they shall have the benefit of age relaxation to the extent they have worked with the respondents and the benefit of each completed year of engagement with the respondents is given in their favour at the time of selection like awarding certain marks, up to a ceiling limit so that they may have some advantage but not an undue advantage over the outsiders. This shall be in conformity with the law laid down by the Supreme Court as noted above and also Article 14 of the Constitution of India."
[Emphasis supplied.]
8. The matter requires further consideration, particularly in the light of the judgment in Poonam [supra].
W.P.(C) 5920/2025 Page 2 of 3This 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 29/06/2025 at 18:07:40
9. The respondents are directed to file counter affidavit within four weeks. Rejoinder thereto, if any, be filed within two weeks thereafter.
10. As far as interim orders are concerned, I am informed that interviews are scheduled later this month. My attention has been drawn to an interim order dated 09.12.2022 in Neeta Rathore & Anr. vs. The Registrar, Delhi Pharmaceutical Sciences and Research University (DPSRU) & Anr. [W.P.(C) 16822/2022], which also concerns age relaxation. Relying upon the judgment in Poonam [supra], the Court permitted the petitioners therein to apply for the concerned post, without creating any equities in their favour and subject to the outcome of the writ petition. I am informed that the said writ petition remains pending.
11. In order to ensure that the petitioner is not rendered out of consideration during the pendency of the writ petition, the respondents are directed to process her application, without creating special equities in her favour and subject to the outcome of the writ petition.
12. In the event any other candidate(s) are selected on merits, the appointment of the last selected candidate will be subject to the result of the writ petition, and the candidate will be informed accordingly.
13. List on 21.08.2025.
PRATEEK JALAN, J MAY 5, 2025 UK/SD/ W.P.(C) 5920/2025 Page 3 of 3 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 29/06/2025 at 18:07:40