The extant Recruitment Regulations did not differentiate between different categories of Assistant Teachers, making Assistant Teachers (Music) eligible for promotion to the post of Principal (Primary School). The draft Recruitment Regulations, proposing modifications, were not in force and could not be the basis for promotion.

SANJIV KHANNA, J.

C.M.No.16487/2016

In view of the nature of controversy, we are inclined to allow the present application and implead the applicant-Akhil Dilli Prathmik Shikshak Sangh (Regd.) as respondent No.5. Learned counsel appearing for the newly added respondent states that he is not seeking adjournment and will be arguing the matter today itself as he is aware of the facts and has a copy of the pleadings. The said consent is taken on record.

W.P.(C) 1499/2015

The petitioners, who were initially four in number and now three, after the demise of Dr. (Ms.) Kulwant Kaur, impugn order dated 12th November, 2014 passed by the Principal Bench of the Central Administrative Tribunal in OA No.3006/2012.

2. The impugned order holds that the petitioners herein working as Assistant Teacher (Music) cannot seek promotion to the post of Head Master/Head Mistress (Primary School), re-designated as Principal (Primary School) under the extant Recruitment Regulations. As per the Regulation in vogue, post of Assistant Teacher (Music) was not a feeder cadre for promotion as Principal (Primary School). Further, draft Recruitment Regulations cannot be acted upon, till they were enforced.

3. The petitioners were appointed as Assistant Teachers (Music) in the year 1987. Their grievance that they have not earned even a single promotion, for they were not considered eligible for promotion to the post of Principal (Primary School) under the Recruitment Regulations for the reason that in the year 2006, the erstwhile Municipal Corporation of Delhi, which now stands trifurcated into North Delhi Municipal Corporation, South Delhi Municipal Corporation and East Delhi Municipal Corporation, had proposed changes in the Recruitment Regulations for appointment to the post of Principal (Primary School). The proposed changes to the Recruitment Regulations or the draft amended Regulations were sent to the Government of NCT of Delhi and returned for fresh consideration to the erstwhile Municipal Corporation of Delhi on 5th October, 2009. Thereafter, the matter has remained pending and no further progress has been made. At the same time, due to pendency of the present litigation about 525 posts of Principal (Primary School) have fallen vacant and are required to be filled up. Concerned, North Delhi Municipal Corporation has filed C.M. No. 28141/2015 before this Court for filling up the vacant posts of Principal (Primary School). In these circumstances and urgency as expressed, we have taken up the writ petition for consideration and decision. We are now confronted with the situation, where the respondent Corporation wants to consider eligible candidates for promotion to the post of Principal (Primary School).

4. Whether or not existing Recruitment Regulations would be amended, the nature and extent of amendment, and whether the amendment would be given retrospective effect are uncertain and any assumption would be speculative.

5. As per the extant Recruitment Regulations, notified by the Municipal Corporation of Delhi pursuant to Resolution No.346 dated 10th July, 1970, duly approved by the Lieutenant Governor of Delhi and the Government of India, Ministry of Home Affairs, the post of Head Master/Head Mistress is a selection post to be filled up by way of promotion from male and female teachers according to the vacancy/vacancies earmarked from those who have seven years of service in the grade after appointment on regular basis as Assistant Teacher/Assistant Teachers. For the sake of clarity and convenience, we would like to reproduce the relevant portion of the Recruitment Regulations for the post of Head Master/Head Mistress:-

“5.	Whether selection post or non selection post	Selection
6.	Age limit for direct recruits	N.A
7.	Educational and other qualifications required for Direct recruits	N.A
8.	Whether age and educa