High Court Of Delhi
G.L.VERMA - Appellant
Versus
DELHI DEVELOPMENT AUTHORITY - Respondent
Civil 986 of 1998
Decided On : 03/18/1998
Relaxation — Exercise of powers — Eligibility for appointment — Relaxation of conditions is permissible only in respect of a class or category of persons and not in respect of one individual only.
( 1 ) THE present writ petition is directed against the action of the respondent in not calling the petitioner for the interview for appointment to the post of Deputy Director (Public Relations ). According to the petitioner he possesses all the requisite qualifications and experience in terms of the Recruitment Rules as also in terms of the advertisement published by the respondent and even inspite of the same the petitioner is not being called for the interview whereas persons without the requisite qualifications and experience are being called.
( 2 ) IN view of the aforesaid allegations it would be necessary to look into the background of the petitioner and his qualifications and experience to come to a conclusion as to whether the petitioner fulfils the requisite qualifications and experience as per the Recruitment Rules and the advertisement and also whether the respondent has ignored the case of the petitioner arbitrarily and illegally. Alongwith the writ petition the petitioner has annexed a copy of his Bio-data which discloses that the petitioner obtained his graduation from Delhi University with Hindi and English as subjects and also obtained Masters decree in Political Science from Delhi University. He also has a Post-Graduate Diploma in Journalism and also in Public Relations as also diploma in Labour Law. He has also obtained Bachelor of Law Degree from Delhi University. It is further disclosed from the said Bio-data that the petitioner contributed number of articles in various newspapers and journals, a list of which also is annexed in the Bio-data. The petitioner has been serving with the respondent No. 1 as Assistant Accounts Officer for a number of years.
( 3 ) THE respondent has framed the Recruitment Regulatio for the post of Deputy Director (Public Relations ). The aforesaid post is a Group `a post in the scale of pay of Rs. 3000-4500 and is a selection post and method of recruitment as per the Recruitment Rules is promotion, failing which by transfer or deputation or failing both by direct recruitment. Clause 15 vests a power on the Central Government as also on the Delhi Development Authority to relax any of the provisions of the regulations in respect of any class or category of persons or posts but subject to the condition that as and when a decision is taken to exercise the power of relaxation the reasons must be recorded in writing for the same.
( 4 ) ON 19. 11. 1996 the respondent published an advertisement in the National Newspaper inviting the applications for filling up the said post of Deputy Director (Public Relations) in the aforesaid scale of pay. The said advertisement also spelt out the educational qualifications and experience necessary for the said post as also the general conditions for submission of the application for appointment to the said post. The requirement of educational qualifications and experience, desirability and relaxation etc. as laid down in the advertisement which have relevance on the facts of the present case is extracted below:-
EDUCATIONAL QUALIFICATION AND EXPERIENCE: DESIRABLE: i) Degree from recognised University or equivalent with English, Hindi/urdu as a subject. ii) Diploma in Journalism of a recognised University/institutions or equivalent. iii) 8 years Journalistic experience in a responsible capacity in Newspaper news agency of repute or equivalent experience in publicity/and Public Relation Work in a Government Department or Commercial Publicity Organisation of repute. iv) Familiarity with the requirement of various publicity media. Desirable: Degree in journalism/mass Communication/ Public Relation of a recognised University/ Institution or equivalent.
( 5 ) THE petitioner admittedly fulfils the first two clauses of educational qualifications for he has a degree from recognised University with English and Hindi as subjects. He also has a diploma in journalism from the recognised University/institution. So far the requirement of experience
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