Delhi High Court - Orders
Anju Gehlawat vs Govt. Of Nct Of Delhi & Ors on 21 April, 2022
Author: Najmi Waziri
Bench: Najmi Waziri, Swarana Kanta Sharma
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 573/2020
ANJU GEHLAWAT ..... Petitioner
Through: Mr. Ankur Chhibber, Mr. Yogesh
Mathur and Mr. Harkesh, Advocates.
versus
GOVT. OF NCT OF DELHI & ORS ..... Respondents
Through: Mrs. Avnish Ahlawat, Standing
Counsel, GNCTD (Services) along
with Mr. Neeraj Pal and Mrs. Palak
Rohmetra, Advocates.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
ORDER
% 21.04.2022 The hearing has been conducted through hybrid mode (physical and virtual hearing).
1. Counter-affidavit has not been filed. The right to file a counter- affidavit stands closed.
2. For many years, Guest Teachers were engaged by the GNCTD against vacancies in permanent posts. By Advertisement No. 2/17 issued on 07.08.2017 fixing the cut-off date apropos age eligibility as 15.09.2017, the vacancies were sought to be filled up. For the reasons best known to the respondents, the advertisement was withdrawn on 24.08.2017. This was impugned in a contempt petition before this court which found the withdrawal erroneous and directed the GNCTD Signature Not Verified Digitally Signed By:KAMLESH KUMAR Signing Date:22.04.2022 18:17:30 inter alia as under:
" ....
In the judgment (supra), the Hon‟ble Supreme Court issued various directions also to give effect to the extant rules and the consequential benefits to be accorded and so on. It does not require any elaboration that the Contempt Court imbibes in itself the powers to execute the orders passed by this Court in Writ Jurisdiction and otherwise. Keeping in view the directions of the Division Bench of this Court on 20.12.2001 in WP(C) 1611/01 and further directions issued by this Court on 11.4.2017 and 9.8.2017, operation of the notice dated 24.8.2017 issued by DSSSB is stayed and DSSSB is directed to proceed further with the advertisement no 02/17 dated 7.8.2017 for appointment of teachers of the Directorate of Education, GNCT of Delhi, in the following terms:
(i) A fresh advertisement calling for applications from the eligible candidates will be issued by 20.12.2017;
(ii) Application so invited shall be received latest by 31.1.2018;
(iii) Processing of applications, arrangements for conduct of written test, final selection and drawl of panel would be completed by 31.8.2018;
(iv) Panel shall be declared and communicated to the Directorate of Education of GNCT of Delhi by 15.9.2018;
(v) A waiting list shall also be created in terms of the directions given on 11.4.2017.
It is further directed that on the receipt of such panel, offer of appointment shall be issued, action for medical and police verification for the selected candidates initiated and posting order issued by the Directorate of Education on or before 31.10.2018. „The Social Jurist‟s Application‟ (CM 32143/2017) stands disposed off in the said terms.
(emphasis supplied)
3. Insofar as the court had directed DSSSB to proceed with Signature Not Verified Digitally Signed By:KAMLESH KUMAR Signing Date:22.04.2022 18:17:30 Advertisement No. 2/17 dated 07.08.2017 for appointment of teachers with Directorate of Education, the terms of the said Advertisement would govern the substantive elements, criteria for eligibility and appointment. The mode of implementation of the said Advertisement is spelt out in sub-paragraphs (i) to (v) as quoted above.
4. Pursuant to the fresh advertisement of 20.12.2017, the petitioner applied for the post of Assistant Teacher (Nursery). Her application was rejected on the ground that she was overage by 1 month and 23 days. The rejection was impugned before the learned CAT, New Delhi which allowed the petitioner to participate in the examination/selection/recruitment process. She did so and secured 76.75 marks in the OBC category. The cut-off marks for the said category was 70.75. She secured much higher marks than the requisite minimum marks. The petitioner sought appointment in terms of her marks. The respondent denied the same. The said denial was impugned before the CAT which opined that since the initial order was passed by the High Court, the CAT would refrain from passing any substantive orders in the matter. The impugned order has inter alia opined as under:
" 7. It is in compliance with these directions, that a notification was issued and the applicant respondent to that. Once a fresh notification is issued, advertisement dated 07.08.2017 loses its relevance. At any rate, if any relief in this behalf is to be granted, it would be only by the Hon‟ble High Court and not by the Tribunal."
5. The court would note that the participation of the petitioner in the process was through orders of the Tribunal. She has secured Signature Not Verified Digitally Signed By:KAMLESH KUMAR Signing Date:22.04.2022 18:17:30 meritorious marks. The direction of a fresh advertisement required the respondent to continue with Advertisement No. 2/17 in terms of the methodology spelt out in sub-paragraphs (i) to (v). That being the position, the petitioner would not be overage as of 15.09.2017- the cut-off date.
6. In the circumstances, the denial by the respondent to appoint the petitioner as a teacher is unsustainable. The denial is set aside. The petitioner shall be issued an appointment letter as per seniority. She shall be appointed as a teacher after completion of codal formalities. The petitioner's dossier will be sent by the DSSSB to the User Department within two weeks of receipt of a copy of this order.
7. The petition stands disposed-off in terms of the above.
NAJMI WAZIRI, J SWARANA KANTA SHARMA, J APRIL 21, 2022 RW Signature Not Verified Digitally Signed By:KAMLESH KUMAR Signing Date:22.04.2022 18:17:30