Central Administrative Tribunal - Delhi
Suman Lata vs Govt. Of Nctd on 17 May, 2023
1 OA No.1838/2019
Central Administrative Tribunal
Principal Bench: New Delhi
OA No.1838/2019
Order reserved on: 12.04.2023
Order pronounced on: 17.05.2023
Hon'ble Mr. Anand Mathur, Member (A)
Hon'ble Mr. Manish Garg, Member (J)
Suman Lata,
Aged about 42 years, Daughter of Mr. Jai Bhagwan,
Resident of C-46, Millennium Apartment,
Sector-18, Rohini,
Delhi-110085.
....Applicant
(By Advocate: Mr. Pradeep Kumar)
Versus
1. Government of NCT of Delhi,
Through/service to be effected upon its
Chief Secretary, at 5th level, Delhi Secretariat,
I.P.Estate, New Delhi-110002.
2. Delhi Subodinate Service Selection Board,
Government of NCT Delhi,
[Through/service to be effected upon its
Chairman, at FC-18, Institutional Area,
Karkardooma, near Railway Reservation Centre,
New Delhi-110092.]
3. Directorate of Education,
Government of NCT Delhi,
[Through/service to be effected upon its
Director, at Old Secretariat,
New Delhi-110054].
... Respondents
(By Advocate: Mr. Atul Kumar)
2 OA No.1838/2019
ORDER
By Hon'ble Manish Garg, Member (J) In the present OA, the applicant is seeking the following reliefs:
―a. Quashing and setting aside of ‗DSSSB' rejection notice no.414 issued vide no.F.189/Result/PGT/Political Science/Female/Int.Cell/DSSSB/2018-19/1998-2004 dated 30.04.2019 [Annexure A-1];
b. Directing Respondent ‗DSSSB' to forthwith select, declare result, of the Applicant with recommendation to the ‗DoE' to appoint the applicant as to the post of ‗Post Graduate Teacher (Political Science - Female) Group ‗B' under category ‗OBC' sub category ‗DCF' in Pay Band Rs.9300-34800 + Grade Pay Rs.4800/- (pre-revised); c. Directing Respondent ‗DoE' to appoint the Applicant as/to the post of ‗Post Grade Teacher (Political Science - Female) Group ‗B' under category ‗OBC' sub category. ‗DCF' in Pay Band Rs.9300-34800 + Grade Pay Rs.4800/- [Pre- revised] with all consequential reliefs and benefits including full back wages, seniority;
d. Any other or further order or direction to grant complete relief to the Applicant.‖
2. The facts arising out in the present OA are as under:-
2.1 The Delhi Subordinate Services Selection Board (DSSSB) released advertisement No.04/17 on 20.12.2017, inviting applications for the posts of PGT-Political Science-Female, Group ‗B' under Directorate of Education (DoE), Govt. of NCT of Delhi in the Pay Band of Rs.9300-34800+Grade Pay of Rs.4800 (pre-revised) under post code 115/17.
2.2 Age limit for the aforesaid post as on the closing date for submission of application form i.e. 31.01.2018 was 'Below 36 3 OA No.1838/2019 years' which was relaxable by '3' years for candidates belonging to 'Other Backward Class' (OBC) and a further age relaxation up to 05 years was admissible for the 'Departmental Candidate with at-least three years continuous service in Government of NCT Delhi and its Local or Autonomous Bodies being in the same line or allied cadres and where a relationship could be established that the service already rendered in a particular post will be useful for the efficient discharge of duties of the post, totalling to 36+3+5 = 43 (sic-44) years for the Departmental Candidate belonging to OBC.
2.3 On 12.12.2011, applicant, upon her selection, with prior approval of DOE, was appointed to the post of Assistant Teacher (Primary) in pay band of Rs.9300-34800 + Grade Pay of Rs.4200/- and was serving in 'Sant Nirankari Girls Senior Secondary School [Aided]' under DoE. She belongs to OBC category and was meeting requisite eligibility criteria, having 41 years, 01 month and 16 days of age as on the last date of filing application, i.e., 31.01.2018. With prior permission she submitted her application/candidature for the post of PGT-
Political Science-Female under OBC category with sub- category Departmental Candidate Female [DCF] and was allotted Roll no.2460004404. In the result declared by 'DSSSB on 18.02.2019, the applicant scored 156 marks over 4 OA No.1838/2019 and above cut off even for general category i.e. 150.5 and 129.25 for OBC and as directed she uploaded her educational qualification, caste certificate and also experience certificate dated 02.03.2019 duly countersigned by none other then Deputy Director of Education.
2.4 DSSSB, ignoring the facts available on record, rejected the candidature of the applicant on 30.04.2019 on the ground of being ‗Overage, stating that age relaxation to aided school employees is not admissible under DCF category'. Applicant is seeking only grant of age relaxation as DCF as per applicable rules, guidelines, instructions.
2.5 It is evident on record that DoE, GNCTD not only releases 'grant-in-aid to its aided Schools, including the one in which the applicant is serving since long but also controls all of their related tasks including appointment, promotion, ACP/MACP, disciplinary actions, pension, posting of guest teachers etc. It is none but PAO of the Respondents which issues PPO, directly grants pension and medical facilities to retired employees of Aided Schools. In case of closure of an aided school or any class or classes of an aided school the resultant surplus employees are absorbed by the Administrator LG-Delhi as far as practicable in Government School. Needless to say that in view of the aforesaid the employees of aided Schools are nothing but part and parcel of 5 OA No.1838/2019 DoE, 'GNCTD' and as such denial of age relaxation applicable for Departmental Candidates by the Respondents to the Applicant is grossly illegal and is required to be set aside. 2.6 The grounds urged in the OA are that as per clause 6 of the advertisement, the permissible age relaxation for ‗OBC' Departmental candidate of ‗GNCTD' its local and autonomous bodies is up to 43 years and that the applicant being a departmental candidate, serving in an aided school of ‗GNCTD/DoE' is of 41 years 1 month, 16 days of age as on 31.01.12018, i.e., the last date for filing applications, is very much eligible for grant of age relaxation which is within permissible limits. Appointment of the applicant to the post of Assistant Teacher (Primary) Group ‗C' in the Grade Pay of Rs.4200/- w.e.f. 12.12.2011 at Nirankari Colony-Sant Nirankari Girls Sr. Secondary School, School ID1309137 recognized and aided by DoE is with the approval of DoE and all tasks of employees of aided schools of DoE including appointment, promotion, MACP disciplinary actions are being done by/with approval of DoE and that the employment of the applicant amongst others is a pensionable one of GNCTD.
2.7 Under Section 10 of the Delhi School Education Act, 1973, the scales of pay and allowances medical facilities, pension, gratuity, provident fund and other prescribed 6 OA No.1838/2019 benefits of the employees of a recognized private school shall not be less than those of the employees of corresponding status in schools run by the appropriate authority and that the managing committee of every aided school shall deposit, every month, its share towards pay and allowances medical facilities, pension, gratuity, provident fund and other prescribed benefits with the Administrator i.e. Lieutenant Governor, Delhi/DoE and the Administrator shall disburse, or cause to be disbursed within the first week of every month, the salaries and allowances to the employees of the aided Schools.
2.8 In addition to the above, learned counsel for the applicant relied on the decision of Hon'ble Delhi High Court in Writ Petition (Civil) no. 109/2013 dated 09.07.2013 titled 'Nutan Gulati versus Director of Education and others, the relevant part of the judgment is reproduced below:
― 7. ............... so far as the applicability of Section 10(1) is concerned, the same quite clearly and categorically as per its literal interpretation gives whatever benefits are available to employees of Government schools would also be available to teachers/employees of unaided private schools in Delhi. Section 10(1) does not restrict benefits only to salary/monetary benefits as the expression used in Section 10(1) is "other prescribed benefits."
2.9 Applicant submits that being an employee of an Aided School, in view of all aforesaid, the case of the Applicant stands on a better footing. Hence this OA.7 OA No.1838/2019
2.10 Learned counsel for applicant in support of his contention has relied on the order dated 14.03.2014 issued by DoE regarding finalisation of guidelines for implementation of new pension scheme in Govt. Aided Schools. The said order reads as under:
"No.F.38(11)2011/P&PF/ 2119-25 Dated: 14.3.14 ORDER It is brought to the notice of all RDEs/DDEs/EOs that the matter regarding finalization of guidelines for the implementation of New Pension Scheme in Govt. Aided Schools from 01.01.2004 was under consideration at the level of Finance Department and Pr. Accounts Office, Govt. of Delhi. Now Finance Department, Govt. of Delhi has advised Education Department "to submit relevant forms of all the employees, who are covered under NPS, in duplicate (copy of Form S-1 and S-5 as provided, are enclosed) duly filled in all respect to the PAO concerned through the DDO of the respective District of Education Department so that the PAO could send the forms to National Securities Depository Limited (NSDL) and to obtain the necessary Unique I.D.Number (PRAN) of each employee to enable the PAO to remit the contribution in the respective accounts of the employees. The necessary action in the matter may be initiated urgently to implement the orders within the time frame given by the Hon'ble High Court, so as to avoid the contemptuous action, if any".
As per the report of the Committee constituted by Finance Department, Govt. of Delhi, New Pension Scheme is to be implemented in Govt. Aided Schools from 01.01.2004, in respect of those institutions who were established prior to 01.01.2004. As per the information provided by concerned DDE and placed before the committee, there are 211 institutions established prior to 01.01.2004 with 1653 employees recruited on or after 01.01.2004. Detail regarding No. of institutions/employees is also enclosed.
As per the directions of Hon'ble High Court in a contempt case, Education Department has to implement NPS in Govt. Aided Schools, before 31.03.2014. Therefore, all concerned are directed to take necessary action in the matter, as per the observations of Finance Department and provide complete requisite detail to their respective PAOs within a week so as to enable PAQ to obtain the necessary Unique Number (PRAN) from National Securities Depository Limited (NSD). District-wise consolidated compliance report may be submitted to the DCA (HQ) after a week.
Being a court matter, this may be given TOP PRIORITY." 8 OA No.1838/2019
3. Per Contra, learned counsel for the respondents filed the counter reply and contended that applicant filed this OA with malafide intention as in her own contention in para 4(d), which is reproduction of the contents of age relaxation admissible, and advertised by the Respondent Board states as follows:
―6. Departmental Candidate with Upto 05 years for Group ―B‖ at least three years posts (which are in the same continuous service in Govt. of line or allied cadres and NCT of Delhi/its local or where a relationship could autonomous bodies be established that the service already rendered in a particular post will be useful for the efficient discharge of the duties of post).
3.1 From a perusal of the above, it is evident that the person seeking age relaxation has to be in continuous service for a period of three years in Govt. of NCT of Delhi/its Local or Autonomous Bodies. The applicant neither works in any Govt.
Schools nor employed in any Autonomous/Local Bodies directly governed by the State Govt. and does not qualify as an independent organization merely because some grants-in- aid are being received from the Govt. and therefore the allegations levelled are devoid of facts on records and have been levelled with ulterior motives to mislead this Tribunal. 3.2 It has been further submitted that the applicant is from OBC category. Her date of birth is 15.12.1976 and 9 OA No.1838/2019 accordingly she was well over 40 years of age at the time of applying for the said examination. As per the age limit prescribed for the said post, it is 36 years and being an OBC candidate, the applicant could have got relaxation of further three years i.e. 39 years of age on the last date of receipt of application, whereas her age was more than 39 years on the prescribed date. Since she is not covered under DCF category as explained herein above, she cannot claim any further relaxation and hence her rejection notice is proper and as per the extant rules.
3.3 To buttress the arguments, the learned counsel for the respondents would rely upon the Gazette notification dated 24.07.1975, relevant part of which reads:
―NOTES: 1. The age limit for direct recruitment will be relaxable in the case of Scheduled Castes/Tribes candidates and other special categories of persons in accordance with the general orders issued from time to time by the Central Government.
2. Nothing in these rules shall affect reservations and other concessions required to be provided for Scheduled Castes and Scheduled Tribes and other special categories of persons in accordance with the orders issued by the Central Government form time to time in this regard.
3. No Male candidate who has more than one wife living or no female candidate who has married a person already having a wife living shall be eligible for appointment in case of direct recruitment provided that the Administrator, Delhi may after being satisfied that there are special grounds for doing so, except any such candidate from the operation of this rule.
4. Where the Administrator is of the opinion that it is necessary/ or expedient so to do, he may, by order for reasons to be recorded in writing relax any of the provisions of the rules with respect to a class or category or persons/posts."10 OA No.1838/2019
3.4 The respondents have also relied on order issued by Lt.
Governor of Delhi dated 11.06.2012 regarding one time relaxation in the upper age limit for the number of years to Kashmiri Migrant Teachers, which reads as under:
"F.NO. DE. 2(8)78/E-II/2011/Pt. File/ 4709-12 Dated: 11.06.2012 ORDER In Exercise of the powers conferred by proviso of article 309 of the Constitution of India read with the Government of India, Ministry of Home Affairs notification No. 27.59-Him (i) dated the 13th July, 1959 the Lt. Governor of the National Capital Territory of Delhi is pleased to relax the Rules in the scheduled annexed regarding one time relaxation in the upper age limit for the number of years as Kashmir Migrant Teachers have served in the Directorate of Education, Delhi for appearing in the examinations conducted by the DSSSB from time to time, for recruitment to the respective category of teachers, to facilitate their appointment.
By order and in the name Of the Lt. Governor Of the National Capital Territory of Delhi Sd/-
(Suresh Gupta) Spl. Secretary (Education)"
3.5 Learned counsel for respondents has further relied on the order dated 27.04.2017 issued by Director of Education regarding the quantum of age relaxation to be given to Guest Teachers/Contract Teachers in the open recruitment process as a one- time measure. The order reads as under:
"No.DE18-2(11)/Plg/2015-16 /927-33 Dated 27.04.17 Order The Lt. Governor of National Capital Territory of Delhi is pleased to order as under:
The quantum of age relaxation to be given to guest/contract teachers in the open recruitment process as a one-time measure will be linked to the actual time spent by the 11 OA No.1838/2019 guest/contract teacher in the department, subject to a maximum of 5 years provided they have worked for at least 120 working days in that particular year (Academic Year)."
This would be applicable to those guest/contract teachers who have worked for the academic years 2012-13, 2013-14, 2014- 15, 2015-16, 2016-17."
ANALYSIS:
4. We have to examine ―Whether a teacher in a government aided school can be regarded as a departmental candidate for the purpose of age relaxation under OBC in direct recruitment? Grants-in-aid The shifting paradigm of public administration has entailed delivery of public goods through new and ever evolving methods. Grants-in-aid have emerged as a significant mode of spending for the Union Government for delivery of public goods. In fact, over a period of time, grants-in-aid has constituted, with the exception of debt repayments, the single largest item of expenditure for the Union Government. Grants-in-aid are payments in the nature of assistance, donations or contributions made by one government to another government, body, institution or individual. Grants- in-aid are given by the Union Government to State Governments and/or Panchayati Raj Institutions. Union Government also gives substantial funds as grants-in-aid to other agencies, bodies and institutions. Similarly, the State 12 OA No.1838/2019 Governments also disburse grants-in-aid to agencies, bodies and institutions such as universities, hospitals, co-operative institutions and others. The grants so released are utilized by these agencies, bodies and institutions for meeting day-to-day operating expenses and for creation of capital assets, besides delivery of services.
Grants-in-aid is given in cash or in kind, but has to be always accounted for as revenue expenditure in the books of the grantor irrespective of the purpose for which it has been given (REF Comptroller and Auditor General of India, in short ―CAG‖).
In Government of NCT of Delhi, the grant to schools are contemplated under following Act and Rules:
THE DELHI SCHOOL EDUCATION ACT, 1973 is an Act to provide for better organisation and development of school education in the Union territory of Delhi and for matters connected therewith or incidental thereto.
Section 2. Definitions -- In this Act, unless the context otherwise requires, --
(c) "aid" means any aid granted to a recognised school by the Central Government, Administrator, a local authority or any other authority designated by the Central Government, Administrator or a local authority;
(d) "aided school" means a recognised private school which is receiving aid in the form of maintenance grant from the Central Government, Administrator or a local authority or any 13 OA No.1838/2019 other authority designated by the Central Government, Administrator or a local authority;
(h) "employee" means a teacher and includes every other employee working in a recognised school;
(l) "local authority" means,--
(i) in relation to an area within the local limits of the Municipal Corporation of Delhi, that Corporation;
(ii) in relation to an area within the local limits of the New Delhi Municipal Committee, that Committee;
(iii) in relation to an area within the local limits of the Delhi Cantonment Board, that Board;
Section 6. Aid to recognised schools.--(1) The Central Government may, after due appropriation made by Parliament by law in this behalf and subject to such conditions as may be prescribed, pay to the Administrator, for distribution of aid to recognised private schools, not being primary schools recognised by a local authority, such sums of money as that Government may consider necessary:
Provided that no existing school receiving, immediately before the commencement of this Act, aid shall be eligible for the continuance of such aid unless it complies, within such period as may be specified by the Director, with the conditions specified in the proviso to sub-section (1) of section
4.
(2) The authority competent to grant the aid may stop, reduce or suspend aid for violation of any of the conditions prescribed in this behalf.
(3) The aid may cover such part of the expenditure of the school as may be prescribed.
(4) No payment, out of the aid given for salary, allowances and provident fund of employees of the school, shall be made for any other purpose.
(5) No aid shall be given to a school the management of which has been taken over under section 20.
(6) No unrecognised school shall be eligible to receive any aid or any benefit made available toprivate schools by the Administrator or any agency of the Administrator. 14 OA No.1838/2019 The Delhi School Education Rules, 1973, Chapter VI relate to Grant-In-Aid Rule 60. Aid to existing schools to continue Every aided school shall, so long as it fulfils the conditions for receiving aid, continue, subject to the provisions of these rules, to receive such aid.
61. Power of Administrator to determine the number of aided schools The Administrator or any other officer authorised by him in this behalf shall determine, every year, the total number of recognised unaided schools to which grant-in-aid may be given.
62. Application for grant-in-aid Every application for grant-in-aid by a school shall be made in Form II and shall be addressed to the Administrator or any officer authorised by him in this behalf, and every application for the yearly assessment of grant shall be made in Form III.
63. Power of Administrator to cause the school to be inspected
64. No aid to be given unless suitable undertakings are given by the managing committee (1) [No school shall be granted aid unless its managing committee gives an undertaking in writing that:
(a) it shall comply with the provisions of the Act and these rules;
(b) it shall fill in the posts in the school with the Scheduled Castes and the Scheduled Tribes candidates in accordance with the instructions issued by the Central Government from time to time and also maintain the roster and other connected returns in this behalf;
(c) it shall deposit its five percent share towards pay and allowances, medical facilitates, pension, gratuity, provident fund and other prescribed benefits with the Administrator every month;
(d) it shall disburse or cause to be disbursed the dues maintained in clause (c), within the first week of every month to the employees of the school;15 OA No.1838/2019
(e) while filling up the posts in the school, it shall give first preference to such of the employees of other aided schools as have become surplus in pursuance of the provisions of rule 47;
(f) it shall comply with the directions given by the Director under sub-section (3) of Section 24 of the Act;
(g) it shall fill in such number of posts in the school as have been approved by the Director, in accordance with the post fixation in pursuance of rule 75, without any discrimination or delay as per the Recruitment Rules prescribed for such posts;
(h) it shall ensure that the head of the school possesses the necessary papers of an employee who is due to retire from service after attaining the age of superannuation or otherwise, with a view to avoid any delay in sanctioning the pension, gratuity, provident fund to such employee of his/her family, as the case may be; and
(i) it shall attend to all the claims of the service matters of the employees of its school as and when they become due, promptly without any delay or discrimination, strictly in accordance with the Recruitment Rules or the instructions issued by the Central Government from time to time on the subject (2) The breach of any constitution specified in sub-rule (1) shall render such school liable to be removed from the grant-
in-aid list.]
65. Conditions for grant-in-aid A school seeking grant-in-aid shall have:-
(a) a permanent income, whether from endowments or other sources (excluding fees and the Pupils Funds) which, when supplemented by grant-in-aid, shall be adequate to discharge its obligations under the Act and to enable it to carry on its work efficiently;
(b) a reserve fund of an amount which shall not be less than the amount indicated in the Table below or the amount specified by rules and regulations of the Affiliating Board, whichever is higher :
Provided that the amount specified in the Table below shall be subject to review, every five years, by the Advisory Board;16 OA No.1838/2019
(c) the reserve fund shall be the property of the school, shall be maintained in its name and shall be kept deposited in a scheduled bank or a nationalised bank or a post office and such account shall ordinarily be operated jointly by the Director or any officer authorised by him in this behalf and the manager of the school:
Provided that where it is urgently necessary to draw any money from the reserve fund to meet any emergent expenditure or to meet the salary and allowance of the employees of the school in the event of the omission or failure of the managing committee to discharge the obligations imposed upon it by sub-section (2) of section 10, the account may be operated by the Director alone.
72. Payment of managing committee's share of salaries and allowances where aid has been stopped, reduced or suspended Where aid to any school has been stopped, reduced or suspended, and the managing committee of the school has, by reason of such stoppage, reduction, or suspension omitted or failed to deposit its share of the salaries and allowances of the employees of the school, the Administrator shall pay, or cause to be paid, the managing committee'sshare of the salaries and allowances of the employees and authorise the Accounts Officer of the Directorate of Education, Delhi, to draw in part or in full the aid which would have been payable to the school but for such stoppage, reduction or suspension and utilise the sum so drawn towards payment of the managing committee's share of the salaries and allowances of the employees of the school, and where such withdrawal and payment is made by the Accounts Officer he shall keep separate accounts for the withdrawal and expenditure.
73. Categories of aid (1) Aid shall be of two categories, namely:--
(a) maintenance grant; and
(b) building grant.
(2) Maintenance grant shall be of two kinds, namely:--
(a) recurring maintenance grant; and
(b) non-recurring maintenance grant.17 OA No.1838/2019
(3) The recurring maintenance grants are:--
(a) staff grant;
(b) provident fund grant;
(c) pension and retirement benefit granted) medical benefit grant;
(e) benefits specified in Chapter X;
(f) grants for the purpose of books and journals which are essential for the library; and
(g) grants for the acquisition of essential equipments of the school.
4.1 The Hon'ble High Court of Tripura at Agartala in WP(C) No.290/2020 titled as "Smt. Aparna Chowdhury Reang Versus The State of Tripura" decided on 18.3.2021, has held as under :-
"9. The basic philosophy behind formulation of the grant-in-aid scheme is that though the Government has a duty to provide education in primary and secondary level, it may not be possible to cover the entire eligible population for admitting students in Government schools. Instead of setting up such Government schools, the Government would aid private schools and undertake the responsibility of salary and other administrative expenditure for running such a school. In turn, the school would have to adhere to certain Government policies and guidelines. The teaching and non-teaching staff would have tenure protection against arbitrary terminations.
Nevertheless, an employee of a grant-in-aid school is not in Government employment. Such grant-in-aid can be withdrawn after following the procedure under several circumstances such as, the school being mismanaged or not following the directives of the Government. Such situation can also be envisaged where a grant-in-aid school may be shutdown if it is found that the management is unable to sustain the school for insufficient number of students studying in the school.
10. The crux of the issue is that the staff of a grant-in- aid school is certainly not in Government employment. A teacher of a grant-in-aid school may have his pay protection as long as he continues in such employment and the school continues to receive grant-in-aid. The teacher may have tenure protection in terms of Rule 9 of 18 OA No.1838/2019 Grant-in-aid Rules, however, he is not a Government servant."
4.2 In a recent decision rendered by the Hon'ble Apex Court in Civil Appeal No.4461 Of 2021 (Arising out of SLP (Civil) No. 19968 of 2019) Delhi Subordinate Services Selection Board & Anr. Versus Seema Kapoor decided on 22.07.2021, has held as under:-
"The Recruitment Rules mentioned by the respondent provides a promotion channel to the teachers working in the Municipal Corporation. Such channel of promotion is in no way comparable for appointment to the post as direct recruit. The respondent would be entitled to be considered for promotion in terms of the statutory rules on the basis of her seniority. Therefore, the respondent is not entitled to age relaxation as she cannot be considered as a departmental candidate for appointment by way of direct recruit."
4.3 In view of the clear stipulation in the Advertisement regarding the benefit of age relaxation to OBC to be extended to departmental candidates, which by no means be interpreted and substituted by the Tribunal in the matter of judicial review. As already highlighted above, the grant in aid under Delhi Education Act, 1973 is for a defined purpose, which can be either in whole or in part at the discretion of Administrator under 1973 Rules cannot be categorized as ―Wage Fund‖, ―Government Fund‖ and as such the employee either teaching or non-teaching under the aided school cannot, by any stretch of imagination, be construed to be a Government / Departmental Candidates.
19 OA No.1838/2019CONCLUSION:
5. In view of the above analysis and the ratio laid down by the Hon'ble Apex Court in Seema Kapoor (supra) as well as Aparna Chowdhury Reang (supra), the present OA is found to be devoid of merit and hence, dismissed.
6. Costs are made easy.
(Manish Garg) (Anand Mathur) Member (J) Member (A) ‗SD'