PERMESH KUMAR Vs. GOVT OF NCT OF DELHI
LAWS(DLH)-2007-7-399
HIGH COURT OF DELHI
Decided on July 06,2007

Permesh Kumar Appellant
VERSUS
GOVT OF NCT OF DELHI Respondents

JUDGEMENT

- (1.) Petitioner is aggrieved by the dismissal of OA No.1339/1999 filed before the Central Administrative Tribunal, Principal Bench, New Delhi, vide order dated 27.11.2000. Petitioner in the said OA had challenged his non- appointment as TGT, Social Science. The Tribunal held that the petitioner Permesh Kumar did not meet the eligibility criteria. Petitioner did not secure 50% marks in the aggregate in the examination for 10th, higher secondary/intermediate, graduation and B.Ed. Besides, he had done his graduation in Agricultural Science, which was not an elective subject for TGT Social Science.
(2.) Petitioner had applied for the post of TGT and had applied in response to the advertisement dated 21.1.1997 taken out by respondent No.2 for the post of TGT and Language Teacher for its schools in Delhi. Petitioners claim in the writ petition is that he duly met the eligibility criteria being a physically handicapped person and he applied for the post of TGT Natural Science under the physically handicapped category. Petitioner also claims that as per the Recruitment Rules, the requirement of minimum marks to be secured in the aggregate at the graduation, intermediate/higher secondary and other levels was 45%. Petitioner had duly secured 45.6% marks in the higher secondary examination and as such, was eligible in terms of the Recruitment Rules, which must prevail over the terms of the advertisement. It would be worthwhile, at this stage, to reproduce for facility of reference, the relevant extract from the English translation of the advertisement as it appeared in the newspaper: GOVT. OF N.C.T. OF DELHI DIRECTORATE OF EDUCATION, OLD SECRETARIAT, DELHI. RECRUITMENT OF TRAINED GRADUATE TEACHERS AND LANGUAGE TEACHERS (SCALE OF PAY RS.1400-2600 WITH OTHER ALLOWANCES) . Applications are invited from all those male and female candidates in the following subjects for the posts of TGT and LT whose registration is valid upto 31.12.1996 in the Employment Exchange of Delhi:- A.TGT :- English, Maths, Natural Science and Social Science B.LT :- Hindi, Sanskrit, Punjabi and Urdu. DESIRABLE QUALIFICATION (FOR TGT) 1. Bachelors Degree (Hons./Pass Course) or equivalent qualification from any recognized university with the following two subjects out of which one should have been studied as an elective subject. (i)English (ii)Mathematics (iii)Natural/Physical Science Main Subjects:- Physics/Chemistry/Biology/ Botany/Zoology (iv)Social Science Main Subjects:- History/Political Science/Economics/ Vocational Education/Sociology/ Geography/Philosophy 2.Degree/Diploma in teaching 3.working knowledge of Hindi. C.COMPULSORY QUALIFICATIONS FOR THE POSTS OF LANGUAGE TEACHER. 1. Bachelors Degree (Hons.) from any recognized University in the concerned B.A. (Pass) with concerned language out of which one subject should be elective, besides that one additional language, one subject should have been studied upto Degree level at College. OR Must have passed Sahitya Ratan examination from Hindi Sahitya Sammelan Paryag with the English subject at High School examination level. (ONLY FOR APPOINTMENT OF HINDI LANGUAGE TEACHER) 2.Bachelor Degree/Diploma in Education. 3.Working knowledge of Hindi is mandatory. Applications are invited for the above posts only from those candidates who must have acquired the prescribed qualifications and must have obtained minimum 50% marks in Class 10th (Matric), Higher Secondary/12th (10+2) or Intermediate and in all Bachelor Degree level including education. Apart from the petitioners contention that the minimum requirement as per Recruitment Rules should prevail over the stringent condition of 50% as per the advertisement. Besides the above, counsel contended that respondents have unreasonably and in derogation of their past practice, sought to exclude the petitioner by holding that his degree in B.Sc. (Agriculture) as qualifying him to hold the said post. He has cited the example of Sansar Singh, who was also possessing B.Sc. (Agriculture) qualification but was held eligible and was appointed. As regards minimum marks, reliance is placed on the case of Sher Khan, who is stated to have secured only 48% in B.Ed. but has been appointed as TGT, Social Science.
(3.) The respondent in the counter affidavit filed, have rebutted the pleas sought to be raised. While admitting the factum of application, it has been averred that the petitioner failed to meet the criteria of having 50% aggregate marks in the 10th standard. Secondly, it has been brought out that the essential qualification for the post of TGT in Social Science was that a candidate should have studied one subject out of History, Political Science, Economics, Business Studies, Sociology, Geography and Psychology at the graduation level. Petitioner has done his graduation in Agricultural Science, which was not an elective subject for the post of TGT, Social Science.;


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