Central Administrative Tribunal - Delhi
Meenakshi Sharma vs Govt. Of Nctd on 18 December, 2025
1
Item No. 32/ C-4 OA No. 291/2018 with OA No. 2798/2018
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH: NEW DELHI
O.A. No. 291/2018
With
O.A. No. 2798/2018
Reserved on: 05.12.2025
Pronounced on: 18.12.2025
Hon'ble Mr. Manish Garg, Member (J)
Hon'ble Dr. Chhabilendra Roul, Member (A)
1. O.A. No. 291/2018
1. Meenakshi Sharma
D/o Sh. Suresh Bhardwaj
R/o H. No. 432, Village Bankner, Narela,
Delhi - 110040
Aged about 32 years
2. Nalwanti
D/o Sh. Shri Kishan
R/o H. No. 576, Mundka, Near Pole No. 41,
Delhi - 110041
Aged about 35 years
3. Rama Chauhan
D/o Sh. Satish Kumar Chauhan
R/o H. No. 411, Near Balbir Pardhan Wali Gali,
Kanjhawala, Delhi - 110081
Aged about 35 years
4. Manju
D/o Sh. Rajbir Singh
R/o H. No. 104, Village & Post Office Kanjhawala,
Delhi - 110081
Aged about 34 years
5. Sharda
D/o Sh. Om Parkash
R/o H. No. 94, Old Chaupal Chowk,
Village Samaspur, P.O. Ujwa, New Delhi - 110073
Aged about 30 years
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6. Poonam Sharma
D/o Sh. Om Parkash Sharma
R/o C-176, Vijay Vihar, Phase II,
Rohini, Sector 4, New Delhi
Aged about 31 years
7. Sunita Devi
W/o Sh. Manish Kumar
R/o B-87, Gali No. 3, Vijay Nagar,
Bawana, Delhi - 110039
Aged about 33 years
8. Poonam Devi
W/o Sh. Manjeet Dabas
R/o H. No. 1032, Village & P.O. Kanjhawala,
Delhi - 110081
Aged about 36 years
9. Rajbala Sehrawat
D/o Sh. Rajpal Singh
R/o Village Tilangpur Kotla, P.O. Najafgarh, Delhi
Aged about 35 years
10. Sudesh
W/o Sh. Sunil Kumar
R/o 93/A, Goyla Khurd, South West, New Delhi -
110071
Aged about 35 years
11. Nidhi
D/o Sh. Pawan Kumar Jha
R/o C-22, Nanhey Park, Uttam Nagar,
New Delhi - 110059
Aged about 31 years
12. Preeti Jain
W/o Sh. Subodh Jain
R/o C-112, Street No. 4, New Usmanpur,
Delhi - 110053
Aged about 31 years
13. Sarita Kumari
W/o Sh. Anand Kumar
R/o Village Nathera, P.O. & Tehsil Kosli,
District Rewari, Haryana - 123302
Aged about 35 years
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14. Taxika Hooda
W/o Sh. Sandeep Hooda
D/o Sh. Om Prakash Tokas
R/o RZ-443C/1, Main Road, Street No. 24,
Sadh Nagar, Palam Colony, New Delhi - 110045
Aged about 35 years
15. Jyoti Sharma
D/o Sh. Suresh Chand
R/o D-306, Ext. 2D, Nangloi, Delhi - 110041
Aged about 31 years
16. Poonam Sharma
W/o Sh. Puneet
R/o A-503, Meet Nagar, 20 Foota Road,
Street No. 5, Delhi - 110094
Aged about 31 years
17. Suman
D/o Late Sh. Sadanand
R/o House No. 351/5, Street No. 10, Arjun Nagar,
Gurugram, Haryana
Aged about 31 years
18. Babita Sharma
D/o Sh. Anil Kumar
R/o House No. 1638, PNB to Thana Area,
Thana Road, Part II, Najafgarh
Aged about 37 years
19. Veena
D/o Sh. Jagdev Singh
R/o H. No. 444, Mann Pana,
Prahladpur Banger, New Delhi - 110042
Aged about 33 years
20. Manju
D/o Sh. Randhir Singh
R/o H. No. 41, Village Kirari, Delhi - 110086
Aged about 33 years
21. Bhavika
W/o Sh. Virender Singh
R/o Kh. No. 38/4, Gali No. 8, Main Safiabad Road,
Gautam Colony, Narela, Delhi - 110040
Aged about 33 years
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22. Pinky
D/o Sh. Dhanpal Singh
R/o A-816, Bhalswa Dairy, Delhi - 110042
Aged about 35 years
23. Ritu Sharma
D/o Sh. Rajender Sharma
R/o M. No. 8-19, V.P.O. Bankner,
Post Office Narela, Delhi - 110040,
Lampur Road, Opposite Kanya Vidyalaya (Bankner)
Aged about 37 years
24. Manju Rathee
W/o Sh. Sandeep Khatri
R/o H. No. 96, Pana Udyan, Narela, Delhi - 110040
Aged about 34 years
25. Sunita Rani
D/o Sh. Shri Ram
R/o Plot No. 33, G Block, Qutub Vihar,
Phase I, Goyala Dairy, New Delhi - 110071
Aged about 30 years
26. Rekha
D/o Sh. Anoop Singh
R/o H. No. 302, Village & P.O. Ladpur, Delhi - 110081
Aged about 36 years
27. Rajni Rana
W/o Sh. Jaideep Kumar
R/o V.P.O. Halalpur, District Sonipat, Haryana - 131103
Aged about 39 years
28. Seema Devi
D/o Sh. Dharam Vir
R/o V.P.O. Mundhela Khurd, New Delhi - 110073
Aged about 35 years
29. Rekha
D/o Sh. Jai Singh
R/o A-35, New India Apartment, Sector 9,
Rohini, Delhi - 110085
Aged about 34 years
30. Asha
D/o Sh. Mohinder Singh
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R/o 840 'A', Panna Mojan, Bawana, Delhi - 110039
Aged about 34 years
31. Reena
W/o Sh. Himanshu Bhardwaj
R/o 40, Village & Post Office Ladpur, Delhi - 110081
Aged about 31 years
32. Pooja Kumari
D/o Sh. Rajbir Singh
R/o Village Mahra, Tehsil & District Sonipat, Haryana
Aged about 32 years
33. Preeti Kumari
D/o Sh. Rajbir Singh
R/o V.P.O. Auchandi, Delhi - 110039
Aged about 35 years
34. Monika Rathi @ Monika Dabas
W/o Sh. Surjeet
D/o Sh. Rajbir Singh
R/o H. No. 229, Village & Post Office Ladpur,
Delhi - 110081
Aged about 32 years
35. Sheetal
D/o Sh. Priyavrat
R/o V.P.O. Ladpur, H. No. 101, Dakghar Wali Gali,
Near Chopal, Delhi - 110081
Aged about 36 years
36. Suman Sharma
W/o Sh. Manjeet Sharma
R/o RZ-107, Dharampura 1st, Tura Mandi,
Najafgarh, New Delhi - 110043
Aged about 34 years
37. Poonam
W/o Sh. Ravinder Sharma
R/o E-115, Krishan Vihar, New Delhi - 110086
Aged about 31 years
38. Rekha Malik
W/o Sh. Dinesh Kumar
R/o H. No. 76, Nangli Sakrawati,
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Najafgarh, New Delhi
Aged about 38 years
39. Rubi Mavi
D/o Sh. Vijender Singh
R/o B-430, Main Market Road, Bhajanpura,
Delhi - 110053
Aged about 32 years
40. Vandana Yadav
W/o Sh. Sunil Kumar Yadav
R/o WZ-77A, Street No. 1,
Mahavir Enclave, Nasirpur Road,
Valmiki Vihar, Palam, New Delhi - 110045
Aged about 33 years
41. Manisha Bhardwaj
D/o Sh. Rajesh Kumar Bhardwaj
R/o A-34, Shiv Mandir Road, Saroop Nagar,
Delhi - 110042
Aged about 35 years
42. Deepmala
D/o Sh. Karamveer
R/o WZ-19, Asalatpur, Janakpuri, New Delhi - 110058
Aged about 34 years
43. Suman Dalal
W/o Sh. Sunil Kumar
R/o H. No. 2403, Urban Estate, Jind - 126102
Aged about 34 years
44. Suman
D/o Sh. Chand Ram
R/o H-119A, Kunwar Singh Nagar,
Nangloi, Delhi - 110041
Aged about 35 years
45. Anju Gehlawat
D/o Sh. Subhash Chander Gehlawat
R/o H. No. 47, Village & Post Office Singhu,
Delhi - 110040
Aged about 33 years
46. Babli
D/o Sh. Sumer Singh
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R/o H. No. 32, Block A-3, Near Gandhi Chowk,
Mohan Garden, Uttam Nagar, New Delhi - 110059
Aged about 36 years
47. Savita
D/o Late Sh. Lakshman Singh
R/o H. No. 611, Dr. Ambedkar Basti,
Ghonda, Delhi
Aged about 41 years
48. Deepa Yadav
W/o Sh. Satender Yadav
R/o Near PWD Rest House, Dadri Road,
Jhajjar
Aged about 31 years
49. Shakuntala
W/o Sh. Mukesh Yadav
R/o V.P.O. Kheri Khummar, Dist. Jhajjar,
Haryana - 124103
Aged about 37 years
50. Vandana
W/o Sh. Deepak Bhardwaj
R/o H. No. 432, V.P.O. Bankner, Narela,
Delhi - 110040
Aged about 30 years
51. Bindu
W/o Sh. Gaurav Dalal
D/o Sh. Tek Ram
R/o H. No. 2011, Sector 6, Bahadurgarh,
Haryana - 124507
Aged about 30 years
52. Ankita Gupta
W/o Sh. Deepak Gupta
R/o 425, Sharon Mandir Wali Gali,
Mundka, Delhi - 110041
Aged about 30 years
(Group 'B')
(Candidates to the post of Assistant Teacher (Primary))
... Applicants
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Versus
1. Govt. of NCT of Delhi
Through its Chief Secretary
A-Wing, 5th Floor,
Delhi Secretariat, I.P. Estate
New Delhi
2. Delhi Subordinate Services Selection Board (DSSSB)
Through its Chairman
FC-18, Karkardooma Institutional Area,
Delhi - 92
3. The Director
Directorate of Education
Govt. of NCT of Delhi
Old Secretariat, Delhi - 54
4. Lieutenant Governor of Delhi
Raj Niwas, Rajpur Road
Delhi.
...Respondents
2. O.A. No. 2798/2018
1. Pinky
D/o Sh. Dhanpal Singh
R/o A-816, Bhalswa Dairy, Delhi - 110042
Aged about 35 years
(Group 'B')
(Appointment for the post of Teacher (Primary) in MCD)
2. Manju
D/o Sh. Randhir Singh
R/o H. No. 41, Village Kirari, Delhi - 110086
Aged about 34 years
(Group 'B')
(Appointment for the post of Teacher (Primary) in MCD)
3. Veena
D/o Sh. Jagdev Singh
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R/o H. No. 444, Mann Pana, Prahladpur Banger,
Delhi - 110042
Aged about 34 years
(Group 'B')
(Appointment for the post of Teacher (Primary) in MCD)
4. Sonia Devi
D/o Sh. Jagbir Singh
R/o H. No. 201, Rani Khera Village, Delhi - 110081
Aged about 36 years (Group 'B')
(Appointment for the post of Teacher (Primary) in MCD)
5. Seema
W/o Sh. Mukesh Kharb
R/o H. No. 200, Village Rani Khera, New Delhi - 110081
Aged about 35 years
(Group 'B')
(Appointment for the post of Teacher (Primary) in MCD)
6. Neelam Kharb
W/o Sh. Anil Kumar
R/o RZ-38, Gupta Park, Najafgarh,
Delhi - 110043
Aged about 35 years
(Group 'B')
(Appointment for the post of Teacher (Primary) in MCD)
7. Meenakshi Dhyani
D/o Sh. Devi Dutt
R/o Flat No. 51, Pocket-D, L.I.G.,
G.T.B. Enclave, Delhi - 110093
(Contract)
Aged about 35 years
(Group 'B')
(Appointment for the post of Teacher (Primary) in MCD)
8. Pooja Rajan
W/o Sh. Rakesh Kumar Rajan
R/o H. No. 755, Sector-7 Extn.,
Urban Estate, Gurgaon, Haryana - 122001
Aged about 35 years
(Group 'B')
(Appointment for the post of Teacher (Primary) in MCD)
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9. Babli
W/o Sh. Ramesh
R/o Plot No. 32, Block A-3, Mohan Garden,
Uttam Nagar, Delhi - 110059
Aged about 37 years
(Group 'B')
(Appointment for the post of Teacher (Primary) in MCD)
10. Suman
D/o Late Sh. Sada Nand
R/o H. No. 351/5, Street No. 10, Arjun Nagar,
Gurgaon - 122001
Aged about 31 years
(Group 'B')
(Appointment for the post of Teacher (Primary) in MCD)
11. Parvesh Kumari
D/o Sh. Chander Singh
R/o 164A, Partap Vihar, Part-I,
Gali No. 04, Kirari Suleman Nagar, Delhi
Aged about 36 years
(Group 'B')
(Appointment for the post of Teacher (Primary) in MCD)
12. Poonam Kumari
W/o Sh. Keshav
R/o 4/2234, Gali No. 2, Bihari Colony,
Shahdara, Delhi - 110032
Aged about 37 years
(Group 'B')
(Appointment for the post of Teacher (Primary) in MCD)
13. Poonam Patwal
D/o Sh. P. S. Patwal
R/o C-7/75, Yamuna Vihar, Delhi - 110053
Aged about 36 years
(Group 'B')
(Appointment for the post of Teacher (Primary) in MCD)
14. Suman Khatri
D/o Sh. Jeet Singh Khatri
R/o H. No. 168, VPO Kanjhawala, Delhi - 110081
Aged about 38 years
(Group 'B')
(Appointment for the post of Teacher (Primary) in MCD)
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15. Monika Rathi @ Monika
W/o Sh. Surjeet
R/o 229, Village & Post Office Ladpur, Delhi - 110081
Aged about 32 years
(Group 'B')
(Appointment for the post of Teacher (Primary) in MCD)
16. Asha Rana
W/o Sh. Jasbir Singh
R/o 840A, Near Harijan Chopal,
Village Post Office, Delhi - 110039
Aged about 34 years
(Group 'B')
(Appointment for the post of Teacher (Primary) in MCD)
17. Reena
W/o Sh. Himanshu Bhardwaj
R/o 40, Village & Post Office Ladpur, Delhi - 110081
Aged about 31 years
(Group 'B')
(Appointment for the post of Teacher (Primary) in MCD)
18. Sudesh
D/o Sh. Kapoor Singh
R/o Village Goyla Khurd, South West Delhi - 110071
Aged about 36 years
(Group 'B')
(Appointment for the post of Teacher (Primary) in MCD)
19. Silky Gupta
W/o Sh. Deepak Mittal
R/o Flat No. 53, Cosmos Apartment, Plot No. 28,
Sector-10, District Court Complex, Dwarka,
South West Delhi - 110075
Aged about 38 years
(Group 'B')
(Appointment for the post of Teacher (Primary) in MCD)
20. Pooja Gupta
W/o Sh. Naveen Goel
R/o D-204, Prashant Vihar, Rohini,
Sector-14, Delhi - 110085
Aged about 41 years
(Group 'B')
(Appointment for the post of Teacher (Primary) in MCD)
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21. Babita Sharma
D/o Sh. Mata Deen Sharma
R/o H. No. 1638, Thana Road, Najafgarh,
New Delhi - 110043
Aged about 38 years
(Group 'B')
(Appointment for the post of Teacher (Primary) in MCD)
22. Ankita Gupta
W/o Sh. Deepak Gupta
R/o H. No. 225, Mundka, Delhi - 110041
Aged about 30 years
(Group 'B')
(Appointment for the post of Teacher (Primary) in MCD)
23. Chetna Sharma
D/o Sh. Om Prakash Sharma
R/o 33, Baldev Park, Parwana Road,
Delhi - 110051
Aged about 36 years
(Group 'B')
(Appointment for the post of Teacher (Primary) in MCD)
24. Kavita Rani
D/o Sh. Satbir Singh
R/o 207-E, Near Old Shiv Mandir,
Vill. & P.O. Shahbad Daulatpur, Delhi - 110042
Aged about 36 years
(Group 'B')
(Appointment for the post of Teacher (Primary) in MCD)
25. Prem Vati
D/o Sh. Pale Ram
R/o Ward No. 12, Kharkhoda, Sonepat, Haryana
Aged about 38 years
(Group 'B')
(Appointment for the post of Teacher (Primary) in MCD)
26. Preeti Sharma
D/o Sh. Ved Prakash Sharma
R/o H. No. D-16A, Gali No. 7,
Mandawali Unche Par, Delhi - 110092
Aged about 33 years
(Group 'B')
(Appointment for the post of Teacher (Primary) in MCD)
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27. Preeti Garg
D/o Sh. Inder Mohan Garg
R/o B-2/58-D, Keshav Puram, Delhi - 110035
Aged about 40 years
(Group 'B')
(Appointment for the post of Teacher (Primary) in MCD)
28. Reena
W/o Sh. Surender
R/o Pana Kabasla, VPO Mandothi,
Teh. Bahadurgarh, Distt. Jhajjar, Haryana - 124506
Aged about 34 years
(Group 'B')
(Appointment for the post of Teacher (Primary) in MCD)
29. Savita
D/o Sh. Satpal
R/o H. No. 16, VPO Rani Khera, Delhi - 110081
Aged about 38 years
(Group 'B')
(Appointment for the post of Teacher (Primary) in MCD)
30. Rajni
D/o Sh. Satish Chander
R/o 216/A, Near Chaupal, Kirari Suleman Nagar, Delhi -
110086
Aged about 38 years
(Group 'B')
(Appointment for the post of Teacher (Primary) in MCD)
31. Shaveta
D/o Sh. Rajender Prasad Sharma
R/o 31A, Ashok Mohalla, Nangloi, Delhi
Aged about 35 years
(Group 'B')
(Appointment for the post of Teacher (Primary) in MCD)
32. Asha Rani
D/o Sh. Suresh
R/o H. No. 1915, Sector-9A, Bahadurgarh, Haryana
Aged about 35 years
(Group 'B')
(Appointment for the post of Teacher (Primary) in MCD)
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33. Neeta Kumari
D/o Sh. Udai Chander Jha
R/o RD-288A, R-D Block, Dharampura Extn.,
Najafgarh, New Delhi - 110043
Aged about 30 years
(Group 'B')
(Appointment for the post of Teacher (Primary) in MCD)
34. Raj Bala Sehrawat
W/o Sh. Jaswant Dalal
R/o Village Tilongpur Kotla, P.O. Najafgarh, Delhi - 110043
Aged about 35 years
(Group 'B')
(Appointment for the post of Teacher (Primary) in MCD)
35. Parmilla
W/o Sh. Rakesh Kumar
R/o H. No. 3, R.S/36, VPO Peeragarhi, New Delhi - 110087
Aged about 39 years
(Group 'B')
(Appointment for the post of Teacher (Primary) in MCD)
... Applicants
Versus
1. Govt. of NCT of Delhi
Through its Chief Secretary
A-Wing, 5th Floor, Delhi Secretariat
I.P. Estate, New Delhi
2. Delhi Subordinate Services Selection Board (DSSSB)
Through its Secretary
FC-18, Karkardooma Institutional Area
Delhi - 92
3. South Delhi Municipal Corporation
Through its Commissioner
9th Floor, Civic Centre
New Delhi
4. North Delhi Municipal Corporation
Through its Commissioner
4th Floor, Dr. S.P.M. Civic Centre
JLN Marg, New Delhi - 110002
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5. East Delhi Municipal Corporation
Through its Commissioner
419, IInd Floor, Udyog Sadan
Industrial Area, Patparganj
Delhi - 110092
6. Lieutenant Governor of Delhi
Raj Niwas, Rajpur Road
Delhi.
...Respondents
(Advocate for Applicant(s) : Ms. Meenu Sharma for Mr. Ajesh
Luthra, Mr. Harkesh Parashar for Mr. Jagdish N., Sr. Adv
Sanjeev Ralli with Mr. Praful Nawani & Mr. Ravi Kant Yadav)
(Advocate for Respondent(s) : Mr. Sameer Sharma for R-1, 2
& 6)
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ORDER
By Hon'ble Mr. Manish Garg, Member (J):-
Since a common question of facts and law arises in the present O.A.s, they were heard together and are now being disposed of through this common order with the consent of the learned counsel for the parties.
2. The reliefs claimed in the O.A.s, read as under: "(i) O.A. No. 291/2018
a) Direct the respondents to grant appropriate age relaxation to the applicants towards Post Code 89/17; post of Assistant Teacher (Primary).
b) Hold and declare that the age relaxation benefit of 10 years is available to all female teachers in terms of the decision taken by the Lieutenant Governor of Delhi, which was notified on 01/11/1980, over and above caste-based age relaxation; and
c) Direct the respondents not to reject the candidatures of the applicants towards the post of Assistant Teacher (Primary) on the grounds of their being overage.
d) Further consider and appoint the applicants in accordance with their merit positions.
e) Accord all consequential benefits.
f) Award costs of the proceedings; and
g) Pass any other order/direction which this Hon'ble Tribunal deems fit and proper in favour of the applicants and against the respondents in the facts and circumstances of the case. (ii) O.A. No. 2798/2018
a) Hold and declare that the age relaxation benefit of 10 years is available to all female teachers in terms of the decision taken by the Lieutenant Governor of Delhi, which was notified on 01/11/1980, over and above caste-based age relaxation; and 2025.12.23 ANKIT 11:29:16 SAKLANI +05'30' 17 Item No. 32/ C-4 OA No. 291/2018 with OA No. 2798/2018
b) Direct the respondents not to reject the candidatures of the applicants for the post of Teacher (Primary) on the grounds of their being overage;
c) Further consider and appoint the applicants in accordance with their merit positions;
d) Accord all consequential benefits;
e) Award costs of the proceedings; and
f) Pass any other order/direction which this Hon'ble Tribunal deems fit and proper in favour of the applicants and against the respondents in the facts and circumstances of the case.
3. The facts of O.A. No. 291/2018 as narrated by the learned counsel for the applicants are as under:
3.1. The applicants possess the requisite qualifications including CTET for the post of Assistant Teacher (Primary) advertised vide Notification No. 4/17, Post Code 89/17, for which the upper age limit is 30 years as on 31.01.2018; however, being above 30 years but below 40 years, they have been rendered ineligible due to non-grant of the 10-year age relaxation for female candidates as prescribed by the Lieutenant Governor of Delhi under instructions dated 01.11.1980 issued under Rule 43 of the Delhi School Education Rules, 1973, which have been applied in past recruitments (e.g., Post Code 1/13).
Despite submitting representations dated 20.01.2018, their online applications have not been accepted. The 2025.12.23 ANKIT 11:29:16 SAKLANI +05'30' 18 Item No. 32/ C-4 OA No. 291/2018 with OA No. 2798/2018 applicants rely on decision of this Tribunal in O.A. No 853/2008 and the Hon'ble Delhi High Court in CWP 10803/2009 and CWP 5518/2014 upholding the applicability of the said age relaxation. Left without any efficacious remedy, the applicants have approached this Tribunal.
4. The facts of O.A. No. 2798/2018 as narrated by the learned counsel for the applicants are as under:
4.1 The applicants are qualified for the post of Teacher (Primary), Post Code 1/18, advertised vide Notification No. 1/18, with a maximum age limit of 30 years as on 30.07.2018. Being above 30 but below 40 years, they have been rendered ineligible due to non-grant of the 10-year gender-based age relaxation prescribed by the Lieutenant Governor of Delhi under instructions dated 01.11.1980. 4.2 Despite submitting representations on 18.07.2018, their applications have not been accepted. The recruitment follows a long gap of over eight years since the previous selection, causing hardship to eligible candidates. The applicants rely on the decision of this Tribunal in O.A. No 853/2008 and the Hon'ble Delhi High 2025.12.23 ANKIT 11:29:16 SAKLANI +05'30' 19 Item No. 32/ C-4 OA No. 291/2018 with OA No. 2798/2018 Court in CWP 10803/2009 and CWP 5518/2014 upholding the applicability of the said age relaxation. Left without any efficacious remedy, the applicants have approached this Tribunal. Reliance is placed upon the judgment of this Tribunal in O.A. No. 4202/2025 (Jyoti & ors.) and batch decided on 07.11.2025. 4.3. It is argued that the respondents' reliance on the decision in O.A. No. 2775/2018 (Priyanka Gupta & ors.), decided on 29.11.2024 is misplaced, as that judgment is per incuriam; the Tribunal in that case was not informed that the 1980 Notification had not been repealed and was withdrawn only in 2020.
4.4 Reliance is placed upon the Hon'ble Supreme Court's judgment in Richa Mishra v. State of Chhattisgarh, (2016) 4 SCC 179, where it was held that if an earlier rule granting age relaxation is still in force, candidates are entitled to rely on it even if later rules omit such provision. Reliance is also placed upon the Delhi High Court's judgment in Gauri Sharma v. Directorate of Education, W.P.(C) 613/2020, decided on 22.02.2022, which held that since the 1980 Notification was operative 2025.12.23 ANKIT 11:29:16 SAKLANI +05'30' 20 Item No. 32/ C-4 OA No. 291/2018 with OA No. 2798/2018 in 2018, its withdrawal in 2020 could not be invoked to deny age relaxation.
5. We are dealing with the case of applicant No. 13 (Ms. Poonam Patwal) as she is the only candidate who has qualified in the results produced by respondents before us. The remaining applicants do not find merit in the selection process.
5.1. Now coming up to the case of the applicant No. 13 (Ms. Poonam Patwal) in O.A. No. 2798/2018 it has been submitted on her behalf that she was fully entitled to 10 years' age relaxation under the Notification dated 01.11.1980 issued by the Lt. Governor under Rule 43 of the Delhi School Education Rules, 1973, which granted general age relaxation to all women candidates for teaching posts in Delhi schools.
5.2. This notification remained in force until its express withdrawal on 06.03.2020 and was, therefore, operative on the date of the advertisement dated 26.06.2018 for the post of Primary Teacher (Post Code 1/18) in MCD schools. On this basis, when the applicant applied and appeared in the examination pursuant to the Tribunal's interim order 2025.12.23 ANKIT 11:29:16 SAKLANI +05'30' 21 Item No. 32/ C-4 OA No. 291/2018 with OA No. 2798/2018 dated 30.07.2018 in O.A. No. 2798/2018, she was eligible for the relaxation. Out of all the applicants permitted to take the exam, applicant No. 13 alone qualified and secured 123.1 marks.
6. Opposing the O.A.s, learned counsel for the respondents submitted that the applicants in both the O.A.s are not entitled to 10 years' age relaxation as the Recruitment Rules (RRs) approved by the MCD and the Hon'ble Lt. Governor of Delhi prescribes a maximum age of 30 years.
6.1 While age relaxation has been granted for other posts in the past, the RRs for the posts in question do not provide any additional relaxation beyond the prescribed limits. Learned counsel for the respondents contended that the applicants' claims are contrary to the approved RRs, prior CAT and Hon'ble High Court rulings that uphold the authorities' discretion to fix age limits, and the delay in recruitment does not create any legal entitlement. 6.2 Learned counsel further placed reliance upon the decision dated 29.11.2024 passed by this Tribunal in O.A. 2025.12.23 ANKIT 11:29:16 SAKLANI +05'30' 22 Item No. 32/ C-4 OA No. 291/2018 with OA No. 2798/2018 No. 2775/2018 titled " Priyanka Gupta and ors Vs Govt of NCt and ors.
7. Heard learned counsel for the respective parties and perused the pleadings available on record.
8. ANALYSIS :
8.1. It would be pertinent to quote relevant paras of the order dated 30.07.2018 passed in O.A. No. 2798/2018. The same read as under:
"4. Mr. J S Mann, learned counsel for applicants submitted that as per Section 2 (1) of the Delhi Municipal Corporation Act, 1957. (MCD Act), the 'Administrator' means the Lt. Governor of the National Capital Territory of Delhi. His argument was that the age relaxation granted vide O.M. dated 01.11.1980 of Delhi Administration is not only applicable to the schools directly owned by the Govt. of NCT of Delhi but it is also equally applicable to the schools owned by the various Municipal Corporations created under the MCD Act, 1957.
5. Mrs. Harvinder Oberoi, learned counsel for respondent Nos. 1 & 2, on the other hand, argued that the O.M. dated 01.11.1980 cannot be applied to the instant selection process undertaken by the DSSSB. She further submitted that the Recruitment Rules (RRs) for the post of Teacher (Primary) of MCD schools, notified vide Notification dated 06.11.2011, clearly prescribe the maximum age of 30 years for the post. She argued that as per Rule 5 of these RRs, which prescribes 'power to relax' the age relaxation is to be considered by the MCD only if it comes to a conclusion that such relaxations are required to be granted, and for doing so, consultation with the Government of NCT of Delhi (GNCTD) would be necessary. She further submitted that the right course for the applicants would be to make representation to the MCD seeking age relaxation and after a decision in the matter is taken by the MCD in terms of ibid Rule 5, the applicants can be extended the benefit of age relaxation and not otherwise.
2025.12.23 ANKIT 11:29:16 SAKLANI +05'30' 23 Item No. 32/ C-4 OA No. 291/2018 with OA No. 2798/2018
6. We have considered the arguments of learned counsel for the parties on the issue of interim relief. We have also been informed that today is the last date for the receipt of the applications for the post.
7 After reading the O.M. dated 01.11.1980 as well as the provisions for age relaxation mentioned in the RRs for the post as also the relevant provisions of MCD Act, prima facie, we are convinced that the applicants deserve the interim relief that they have prayed for in the O.A. Accordingly, we grant interim relief and direct the respondent No.2 (DSSSB) to accept the applications of all these applicants, who have not crossed the age of 40 years as on the cut-off date, provided such applications are submitted within time."
8.2 The Tribunal had called for the results of the applicants, and upon perusal, it was found that only Applicant No. 13, Ms. Poonam Patwal, had qualified; however, her candidature was rejected on the ground of being overage. 8.3 On perusal of the factual matrix of the case, the core question before us is whether Applicant No. 13 is entitled to age relaxation in terms of the O.M. dated 01.11.1980 relied upon by her, read along with the ratio laid down by the Hon'ble Supreme Court in Richa Mishra (supra). Learned counsel for the applicant has also placed reliance on the decision of this Tribunal in Jyoti & Ors. (supra) to distinguish the present matter from Priyanka Gupta & Ors.(supra), contending that the latter decision cannot operate to the detriment of Applicant No. 13. It has been submitted 2025.12.23 ANKIT 11:29:16 SAKLANI +05'30' 24 Item No. 32/ C-4 OA No. 291/2018 with OA No. 2798/2018 that in Jyoti & Ors. (supra), this Tribunal clearly observed as under:
"3.4. Learned counsel for the respondents further submits that, vide order dated 06.03.2020, the competent authority had withdrawn the notification dated 01.11.1980, which reads as follows:
"In exercise of the power vested in him under Rule 43 of the Delhi School Education Rules, 1973, the Administrator is please prescribe for women candidate a general relaxation for women candidate a general relaxation for 10 years in the maximum age limited prescribed in the recruitment rules for recruitments to various posts of teacher in Delhi Schools.
2. The Managing Committee shall, while considering women candidates for appointment to vacancies in their schools consider such candidates as per the revised ages limited for women candidates"
8.4 Highlighting the afore-quoted observations, learned counsel submitted that, on the analogy of the admitted position in Jyoti & Ors. (supra), the notification dated 01.11.1980 stood withdrawn only on 06.03.2020 by the competent authority, and therefore it cannot be read to the disadvantage of Applicant No. 13 for a recruitment process initiated in 2018. It was contended that the O.M. dated 01.11.1980 remained very much in force until 06.03.2020, whereas the post in the present case was advertised in 2018; accordingly, the respondents' plea and their reliance on Priyanka Gupta & Ors. (supra), in the factual context of this 2025.12.23 ANKIT 11:29:16 SAKLANI +05'30' 25 Item No. 32/ C-4 OA No. 291/2018 with OA No. 2798/2018 case, is untenable. Learned counsel further urged to consider that even in the latest advertisement issued for the year 2024, age relaxation has been granted by the respondents, and therefore, on the same analogy and more particularly in light of the decision in Jyoti & Ors. (supra), Applicant No. 13 is entitled to the relief prayed for.
8.5. We have considered the submissions advanced by learned counsel for Applicant No. 13. Having regard to the same, we note that the decision in Jyoti & Ors. (supra) pertained to posts advertised by the Directorate of Education, whereas the present recruitment relates to posts under the MCD. Consequently, the ratio in Priyanka Gupta & Ors. (supra) is more appropriately applicable to the facts of the present case. This distinction arises from the different sets of rules governing recruitments in the Directorate of Education and the MCD as well as two different user departments. Further, reference may be made to the observations in Priyanka Gupta & Ors. (supra), relevant paragraphs of which read as under:
"5. She averred that the gazette notification dated 01/11/1980 issued by the Dte. of Education provides relaxation in upper age limit of 10 year for women candidates. However, the same is not applicable or endorsed by MCD. As such it was applicable only to those schools 2025.12.23 ANKIT 11:29:16 SAKLANI +05'30' 26 Item No. 32/ C-4 OA No. 291/2018 with OA No. 2798/2018 which are being run by the Dte. of Education hence, it is not applicable for MCD as MCD is a local body which issues any gazette notification separately. The Authority who approved the notification dated 01/11/1980 has also approved the Recruitment Rules of the said post published in the gazette dated 08/09/2011. So it can be inferred that the same authority has approved new recruitment rules for the post of Teacher (Primary) in supersession of previous notifications, if any for this post. However, as the matter regarding age relaxation is the mandate of user deptt SDMC (R-4) is best placed to clarify the issue. The issue has already decided in favour of Government by the Division Bench of Hon'ble High Court in 91 combined cases titled as Sachin Gupta & Ors Vs. DSSSB & Ors. The Hon'ble High Court in Para 56 of the said order has observed as under:-
"The age limit stipulated in the notification under Rule 43 of Delhi School Education Act, 1973 would not govern the recruitment to the post of Government teachers. In any event, as the impunged RRs have been approved by the Lt. Governor of Delhi who had issued the notification dated 01/11/1980, it would mean that the said notification stands impliedly repealed."
As the subject matter of the OA is related to requisition based upon Recruitment Rules or policy decision to be taken by the user department (R-4), the matter may be defended by them.
6. Having heard the counsel for the parties and based on the records produced before us, matter of age relaxation has been dealt with in decision rendered by the Hon'ble High Court in the matter of Sachin Gupta & Ors. Vs. DSSSB & Ors. It is also noticeable that the present advertisement was issued pursuant to the amendment in Recruitment Rules and the recruitment rules were amended in the year 2011. No prayer to the fact challenging the Recruitment Rules has been made in the prayer clause in the present O.A. On this point alone the present O.A. stands dismissed.
6. Accordingly, the present Original Application is dismissed. Associated M.As, if any, also stands disposed of."
9. CONCLUSION :
9.1. In view of the above discussion, O.A. No. 2798/2018, insofar as it concerns Applicant No. 13, is liable to be dismissed. Ordered accordingly.
2025.12.23 ANKIT 11:29:16 SAKLANI +05'30' 27 Item No. 32/ C-4 OA No. 291/2018 with OA No. 2798/2018 9.2. As regards the remaining applicants in O.A. No. 2798/2018 and all the applicants in O.A. No. 291/2018, we observe that they were not selected in the examination, and therefore the question of examining the issue of age relaxation in their cases does not arise.
9.3. Accordingly, the O.A.s are dismissed. Pending, M.A.s, if any, shall stand dismissed. No costs.
(Dr. Chhabilendra Roul) (Manish Garg)
Member (A) Member (J)
/as/
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