Delhi High Court - Orders
Gulshan Kumar And Anr vs Govt. Of Nct Of Delhi And Ors on 15 November, 2022
Author: Sanjeev Sachdeva
Bench: Sanjeev Sachdeva, Tushar Rao Gedela
$~32 to 35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10536/2019 , CM APPL. 43602/2019-Interim Relief and
CM APPL. 6856/2022-Additional documents.
GULSHAN KUMAR AND ANR. ..... Petitioners
Through: Mr.Sudhir Naagar and Mr.Vikrant
Mehta, Advocates.
versus
GOVT. OF NCT OF DELHI AND ORS. ..... Respondents
Through: Ms.Anju Gupta and Mr.Roshan Lal
Goel, Advocates for R2/UOI.
Mrs. Avnish Ahlawat, SC-GNCTD,
Mr.N.K. Singh, Ms.Laavanya
Kaushik and Mr.Aliza Alam,
Advocates.
Ms.Seema Dolo, Advocate for
R5/CBSE.
+ W.P.(C) 12690/2019 & CM APPL. 6811/2022- Additional
documents.
DEEPANSHI CHAUHAN AND ORS. ..... Petitioners
Through: Mr.Sudhr Naagar and Mr.Vikrant
Mehta, Advocates.
versus
GOVT. OF NCT OF DELHI AND ORS. ..... Respondents
Through: Ms.Anju Gupta and Mr.Roshan Lal
Goel, Advocates for R1/UOI.
Mrs. Avnish Ahlawat, SC-GNCTD,
Mr.N.K. Singh, Ms.Laavanya
Kaushik and Mr.Aliza Alam,
Advocates.
Signature Not Verified
Digitally Signed 1
By:VINOD KUMAR
Signing Date:22.11.2022
15:03:56
Ms.Seema Dolo, Advocate for CBSE.
+ W.P.(C) 2530/2022, CM APPL. 7240/2022-direction & CM
APPL. 7241/2022- Additional documents.
LAL BAHADUR & ORS. ..... Petitioners
Through:
versus
DELHI SUBORDINATE SERVICES SELECTION BOARD &
ANR. ..... Respondents
Through: Mrs. Avnish Ahlawat, SC-GNCTD,
Mr.N.K. Singh, Ms.Laavanya
Kaushik and Mr.Aliza Alam,
Advocates.
+ W.P.(C) 4214/2022
DHARMENDAR KUMAR AND ANR. ..... Petitioners
Through: Mr.T.N. Tripahti, Advocate.
versus
GOVT. OF N.C.T. OF DELHI AND ANR. ..... Respondents
Through: Mrs. Avnish Ahlawat, SC-GNCTD,
Mr.N.K. Singh, Ms.Laavanya
Kaushik and Mr.Aliza Alam,
Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 15.11.2022
1. The issue herein pertains to non selection of the Petitioners as Special Education Teachers by exercise of power of relaxation with regard to the date of obtaining the requisite qualification.
Signature Not Verified Digitally Signed 2 By:VINOD KUMAR Signing Date:22.11.2022 15:03:562. Learned counsel for the petitioner submits that a Coordinate Bench of this Court by order dated 21.08.2019 in W.P. (C) 9040 of 2019 titled, Praveen Khatri vs. Government of NCT of Delhi held that there is ample power in the executives to generally relax such conditions to achieve the objective of filling up large number of vacancies of special education teachers as a special case. The power of relaxation, if not exercised then the situation tantamounts to failure to discharge its obligation by the executive.
3. Learned counsel submits that pursuant to the said order, relaxation has been granted by the Lieutenant Governor, both in respect of the age as well as obtaining of CTET qualification after the cutoff date but before appointment in respect of the Special Educator (Primary), Municipal Corporation of Delhi. It is contended that similar relaxation has not been granted for the same post in the Directorate of Education, Govt. of NCT of Delhi though, the Competent Authority in both cases is the same i.e., Lieutenant Governor.
4. It is further contended that in the case of MCD, the qualification other than the educational qualification required is diploma in special education in contrast to the higher educational qualification required for the Directorate of Education teachers, i.e., Degree of Bachelor of Education (Special Education).
5. It may also be noticed that this Court in W.P. (C) 2530 of 2022 dated 09.02.2022 noticed the following vacancy position:-
Sl. Year of Number of vacancies advertised Number of vacancies Signature Not Verified Digitally Signed 3 By:VINOD KUMAR Signing Date:22.11.2022 15:03:56 No. Advertisement Number of vacancies filled advertised Number of vacancies filled
1. 2011 858 (Post Code 64/11) Advertisement cancelled
2. 2013 927 (Post Code 01/13) 214
3. 2014 670 (Post Code 146/14) 238
4. 2017 1329 (Post Code 87/17) 281
5. 2020 1326 (Post Code 93/20) 540 (E-dossier)
6. This Court noticed that there is a huge gap between the number of vacancies advertised and the number of vacancies filled in each year. Particularly, for the subject year of advertisement of 2013, number of posts advertised were 927 and vacancies filled were 218; in the year 2014, posts advertised were 670 and vacancies filled were 238; in the year 2017, posts advertised were 1329 and filled were 281 and in the year 2020, posts advertised were 1326 and filled short listed candidates were 540 though, the number of selected candidates for that year is not available.
7. Reference may be had to the judgment dated 16.09.2009 in W.P. (C) 6771 of 2008 titled, Social Jurist, a Civil Rights Group vs. Govt. of NCT of Delhi & Anr, wherein this Court referred to the note of National Council of Educational Research & Training (in short 'NCERT') wherein it was suggested that Central Sponsored Scheme of Inclusive Education of the Disabled at the Secondary Stage Children is to be implemented in Delhi Government in all Government schools.Signature Not Verified Digitally Signed 4 By:VINOD KUMAR Signing Date:22.11.2022 15:03:56
8. The Court thereafter directed that the school authorities shall ensure that each school shall have at least two special teachers and further that necessary teaching aid and reading materials are provided.
It was directed that the said exercise be completed within a period of six months.
9. Though, said direction has been issued on 16.09.2009, till date, as statistics above show, said directions have not been implemented. It may also be noticed that in similar circumstances, the Hon'ble Supreme Court by its judgment titled, Rajneesh Kumar Pandey vs. Union of India, 2021 SCC Online SC 1005, reiterated the need of having special teachers for children with special needs including to impart education to them and make them independent and several directions were issued.
10. Recruitment rules dated 04.11.2010 which, inter alia, reads as under: -
"5. Power to relax - Where the Government is of the opinion that it is necessary or expedient so to do, it may by order and for reasons to be recorded in writing, relax any of the provisions of these rules with respect in any class or category of persons."
11. Keeping in view the above facts and the statistics and particularly, the fact that the same Competent Authority had exercised the power of relaxation in the case of MCD, we feel it appropriate that the issue should be examined at the level of the Competent Authority i.e., the Lieutenant Governor.
Signature Not Verified Digitally Signed 5 By:VINOD KUMAR Signing Date:22.11.2022 15:03:5612. At this stage, learned counsel for the petitioner submits that since the factual matrix of each case would be different, they shall independently file a representation before the Lieutenant Governor within a period of two weeks from today.
13. In the representation, petitioner shall make full and complete disclosure of the litigation pertaining to their respective years along with the requisite pleadings as well as the orders passed therein.
14. List the matter for further directions on 09.03.2023.
15. A copy of the representation be also forwarded to the counsel appearing for the GNCTD. The Government of NCT of Delhi shall expedite the process at their end to facilitate the Competent Authority to take an expeditious decision.
16. It is clarified that this Court has not commented upon the merits of the contention of either party and it will be open to the Competent Authority to consider the representations in accordance with law without being influenced by anything stated in this order.
SANJEEV SACHDEVA, J.
TUSHAR RAO GEDELA, J.
NOVEMBER 15, 2022 neelam Signature Not Verified Digitally Signed 6 By:VINOD KUMAR Signing Date:22.11.2022 15:03:56