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Supreme Court - Daily Orders

Govt. Of Nct Of Delhi vs Shweta on 29 March, 2023

Bench: V. Ramasubramanian, Pankaj Mithal

     ITEM NO.49                          COURT NO.15                SECTION XIV

                               S U P R E M E C O U R T O F     I N D I A
                                       RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C)               No(s).12363-12364/2022

     (Arising out of impugned final judgment and order dated 27-10-2021
     in WPC No. 9040/2019 27-10-2021 in CM No. 25471/2020 passed by the
     High Court Of Delhi At New Delhi)

     GOVT. OF NCT OF DELHI & ANR.                                   Petitioner(s)

                                                VERSUS

     SHWETA & ORS.                                                  Respondent(s)

(IA No. 95099/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 29-03-2023 These matters were called on for hearing today. CORAM :

HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN HON'BLE MR. JUSTICE PANKAJ MITHAL For Petitioner(s) Ms. Madhvi Divan, A.S.G. Mr. Shreekant Neelappa Terdal, AOR Ms. Nidhi Khanna, Adv.
Mr. Rupesh Kumar, Adv.
Ms. Shruti Agarwal, Adv.
Ms. Vimla Sinha, Adv.
Dr. N. Visakamurthy, Adv.
For Respondent(s) Mr. Sudhir Naagar, AOR Mr. Vikrant Mehta, Adv.
Mr. Digvijay Chaudhary, Adv.
Ms. Vandana Sehgal, AOR Mr. Rupesh Kumar, AOR Ms. Pankhuri Shrivastava, Adv.
Ms. Neelam Sharma, Adv.
Mr. Rajeev Sharma, Adv.
Signature Not Verified
Digitally signed by NIRMALA NEGI Date: 2023.04.06 16:54:12 IST Reason: UPON hearing the counsel the Court made the following 1 O R D E R These special leave petitions arise out of an order passed by the High Court of Delhi, granting the benefit of one-time exemption to the respondents herein from getting qualified in Central Teacher Eligibility Test (CTET) The core issue in this case is as to whether the benefit of one-time exemption granted by the Lieutenant Governor of Delhi in favour of candidates who submitted applications online, could or could not have been extended by the High Court to those who submitted applications off-line. The contention of the petitioner- State is that despite specific instructions to submit applications online, the respondents submitted applications off-line. But it appears that five of the respondents have already joined the post of teachers in the schools to which they were allotted pursuant to the orders passed by the High Court. Ms. Divya Bhati, who is respondent No.2 in the special leave petition arising out of CM No.25471 of 2020 joined on 29.12.2022 in MCD Primary School for Boys, Paprawat. Ms. Shweta, Ms. Annu and Mr. Kehar Singh, respondent Nos. 1 to 3 in the special leave petitions arising out of the main writ petition joined respectively on 30.12.2022, 19.01.2023 and 18.01.2023 in different schools.

Mr. Shushank Singh Raghav, respondent No.1 in the SLP arising out of CM No.25471 of 2020 has sought extension of time to join and it has been granted up to 25.05.2023.

Though the respondents have been permitted to join provisionally, they have started performing the duties of the posts. Out of these five respondents, four of them have joined 2 with respect to the previous selection under Post Code No.15/17. Mr. Kehar Singh has joined under Post Code 32/2021. Therefore, in the peculiar facts and circumstances of the case, we are not inclined to interfere with the judgment/order impugned in these petitions.

The special leave petitions are, accordingly dismissed. Pending application(s) if any, shall stand disposed of. The question of law is left open.

(RADHA SHARMA)                                            (RENU BALA GAMBHIR)
COURT MASTER (SH)                                          COURT MASTER (NSH)




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