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2013 Supreme(Del) 903

PRADEEP NANDRAJOG, V.KAMESWAR RAO
Uttam Singh – Appellant
Versus
MCD – Respondent


Advocate Appeared:
For the Petitioners:C. Harishankar, Advocate with S. Sunil, N. Jagdish, Advocates.
For the Respondents:Mukesh Sharma, proxy counsel for Ms. Shobha Gupta, Advocate for MCD, Ms. Zubeda Begum, Advocate with Ms. Sana Ansari, Advocate for GNCTD, Ms. Jyoti Singh, Sr. Advocate with Ms. Saahila Lamba, Ms. Tinu Bajwa, Amandeep Joshi, Alpha Phiris Dayal, Jindal, proxy counsels for Sanjeev, Advocate for DPCC, Biji Rajesh, proxy counsel for Gaurang Kanth, for MCD, Varun Gupta, with Ms. Sonia Arora, Ms. Rachna Golchhha, Advocates.

Judgment :-

Pradeep Nandrajog, J.

1. On January 07, 1983 the erstwhile Municipal Corporation of Delhi notified the Recruitment Rules to the post of Lower Division Clerk. As per column No.5 the post was declared to be a selection post and as per serial column No.10, 10% posts had to be filled by promotion on the basis of a competitive examination conducted by the Municipal Corporation of Delhi from Class IV employees and the remaining 90% posts had to be filled up by direct recruitment through the ‘Clerks Grade Examination’ to be conducted by the Staff Selection Commission. Serial No.6, 7, 8, 9 and 10 the Recruitment Rule read as under:-

For clerks grade examination for class IV

6. Age limit for staff. Not exceeding 45 year on the 1st Jan of the direct recruits year preceding year of the examination. (Relaxable for clerk scheduled caste/scheduled tribe candidates).

For clerks grade examination. Not less than 18 year on the 1st January of the year in which the examination is held (Relaxable for exservicemen, scheduled caste/scheduled tribe candidates and other specified categories). For clerks grade examination and clerks grade examination for class IV staff: Essential: (i) Matriculati

























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