High Court Of Delhi
MANJU PAL - Appellant
Versus
GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI - Respondent
L.P.A. 485 of 1999
Decided On : 09/11/2001
Held :
There is any valid justification for the stand of the Board and the M.C.D. in considering higher secondary with Hindi as an essential requirement for the post of Primary Assistant Teachers. The invidious distinction made by the Board and the MCD for ignoring candidates with higher qualification is unwarranted and without any valid basis,
Nothing is stated in the counter affidavit as to how Hindi at the Higher Secondary level is helpful for teaching primary level students. What is so special about Hindi at the secondary level, which attribute Hindi at higher level is lacking has not been explained in the counter affidavit or the arguments of the counsel for the respondents. Hindi as a language has not been mentioned in the advertisement as a special qualification for imparting education to the students at the primary level. It cannot be assumed by any stretch of imagination that a candidate possessing higher qualification like B.A. with Hindi or M.A. with Hindi will be less efficient in teaching primary classes than a person possessing lesser qualification such as higher secondary with Hindi.
Since the appellant has higher marks than the persons who have been selected in OBC category, we direct the respondent Board to send the recommendation for appointment of the appellant to the post of Assistant Primary Teacher to the M.C.D. On receipt of the recommendation, the M.C.D. shall appoint the appellant as Assistant Primary Teacher.
( 1 ) ADMIT. Since the question involved in the appeal is a short one we proceed to dispose of the same.
( 2 ) BY this appeal the appellant challenges the impugned order dated 4/10/1999 passed by the learned Single Judge in CW No. 6025/1999. Brief facts giving rise to the appeal are as follows :- The appellant is a graduate with Hindi as one of the subjects. Pursuant to an advertisement issued by the Delhi Subordinate Services Selection Board she applied for the post of a Primary Assistant Teacher in the MCD under the OBC Category. In the selection process the appellant secured 43. 88 marks whereas the cut-off score was 43. 33 marks. Despite the fact that the appellant secured more marks than persons who were selected under the OBC Category, she. did not find her name in the list of selected candidates. The appellant is stated to have met the Secretary of the Selection Board and submitted a representation. The appellant was informed that since she had not studied Hindi at the Higher Secondary level, she was not selected.
( 3 ) THE appellant being aggrieved by the action of the Selection Board filed a writ petition in this Court. The writ petition, however, was dismissed by the learned Single Judge on 4/10/1999 on the ground that the appellant had not studied Hindi at the Higher Secondary level.
( 4 ) IN order to determine the question as to whether the appellant was qualified for the post of Primary Assistant Teacher, it is necessary to refer to the qualification prescribed in the advertisement which was issued by the Delhi Subordinate Services Selection Board. The relevant part of the advertisement reads as under :
"a. Post Code 08/98 Primary Teachers Total Number of Posts : 3008 (Unreserved 1035, ST-626, OBC. 552 P. H. 63 Ex. Ser. 21) includes backlog vacancies Educational qualification and work experience (a) Sr. Secondary or equivalent with 2 yrs Teachers Training Course or equivalent from a recognised Board/university. OR (b) Degree in any discipline or equivalent with degree in Education or equivalent from a recognised University. (c) Professional qualification ETE from the DIET is run by SCERT, Delhi with 50% marks (45% in case of SC/st/obc ). Note: The candidate should have passed the required language at secondary or senior secondary level. "
( 5 ) SUBSEQUENTLY, the Delhi Subordinate Services Selection Board issued a corrigendum which reads as follows; CORRIGENDUM Reference Advertisement No. 02/98 for the recruitment of Primary Teachers and Nursery Teachers, in M. C. D. and Assistant Teachers in N. D. M. C. which appeared in the Times of India and Indian Express on 11/06/98 and Dainik Jagran and Jansatta on 12/06/98, following rectifications are made: 1. MUNICIPAL CORPORATION OF DELHI Post Code; 08/98 Primary Teacher S. N. Particulars advertised to be read as 1 education note : the note : The qualification candidate candidate note under should have should have 1 (C) passed the the required required language i. e language at hindi at secondary secondary or or Senior senior secondary secondary level level.
( 6 ) THE learned counsel appearing for the appellant argued that the appellant was wrongly rejected on the spurious ground of her not having a qualification prescribed by the advertisement read with the corrigendum. Learned counsel appearing for the Board and the MCD submit that as per the qualification prescribed in the advertisement and the corrigendum for appointment to the post of Primary Assistant Teacher, the requirement of Hindi at the Secondary level or Senior Secondary level is the essential qualification which a candidate must possess. According to them, in case a candidate having a Bachelor of Arts degree with Hindi did not pass the higher secondary level with Hindi, he/she would not be eligible for the post of Primary Assistant Teacher. We fail to see the logic and the rationale of the argument of the learned. counsel for the MCD and the Board. Undoubtedly, Bachelor of Arts degree with Hindi,
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