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2017 Supreme(Del) 493
IN THE HIGH COURT OF DELHI AT NEW DELHI
VALMIKI J.MEHTA, J.
ARUN KUMAR DHAKA - Petitioner
Versus
THE MANAGING COMMITTEE, RATTAN DEVI ARYA GIRLS SENIOR SEC. SCHOOL & ORS. - Respondents
W.P.(C) No.10503 of 2009
Decided on : 10-02-2017
Advocate Appeared:
For the Petitioner:Mr. Anurag Kumar Agarwal, Advocate.
For the Respondent:Mr. Jyoti Taneja, Advocate for GNCTD.
The main legal point established is that seniority at a higher post is determined by the date of appointment in terms of existing seniority, and it cannot be changed without valid reasons recorded in accordance with the law.
Headnote:
Seniority - Appointment Dispute - Delhi School Education Act, Rule 109 - The court discussed the DPC meeting, Rule 109 of the Delhi School Education Act, and Rule 6 of the Delhi Administration Seniority Rules. It highlighted the importance of seniority in appointments and emphasized that seniority at a higher post flows from the date of appointment in terms of existing seniority. The court concluded that the petitioner was rightfully treated as junior to other candidates despite being placed at serial no. 1 in the DPC minutes.
Fact of the Case:
The petitioner challenged an order rendering them surplus and directing them to join another school. The issue revolved around the petitioner's seniority as a Trained Graduate Teacher (TGT) in a Departmental Promotion Committee (DPC) meeting held by the school.
Finding of the Court:
The court found that the petitioner was junior to other candidates based on the dates of their initial appointments, despite being placed at serial no. 1 in the DPC minutes.
Issues: The main issue was whether the DPC intended to change the existing seniority of the petitioner and two other candidates, despite the petitioner being placed at serial no. 1 in the DPC minutes.
Ratio Decidendi: The court emphasized that seniority at a higher post flows from the date of appointment in terms of existing seniority. It concluded that the petitioner was rightfully treated as junior to other candidates despite being placed at serial no. 1 in the DPC minutes.
Final Decision: The petition was dismissed, and the parties were left to bear their own costs. Interim orders were vacated.
1. By this writ petition under Article 226 of the Constitution of India, the petitioner impugns the order/letter dated 29.9.2007 issued by respondent no. 2/Director of Education (DOE) thereby rendering the petitioner as surplus with the respondent no. 1/Rattan Devi Arya Girls Senior Secondary School and for the petitioner to join Nehru Adarsh SSS, Old Seelam Pur, Delhi. Incidental reliefs are also prayed and all of which in fact pertain to what is the position of seniority of the petitioner as a Trained Graduate Teacher (TGT) in terms of the Departmental Promotion Committee (DPC) held by the respondent no.1/school on 22.3.2005. The issue is that if petitioner is found to be junior to the respondent no.3/Neerja Tyagi, then, it is the petitioner who will have been rightly declared as surplus.
2. Since for the determination of the issue involved in this writ petition the DPC meeting held on 22.3.2005, Rule 109 of the Delhi School Education Rules, 1973 and Rule 6 of the Delhi Administration and Seniority Rules, 1965 would be relevant, the same are reproduced as under:-
1. Minutes of DPC Meeting held on 22.3.2005
“Rattan Devi Arya Girls Senior Sec. School, Krishan Nagar, Delhi-51 Affiliation Code No. 2782003 (Govt. Aided)
A Meeting of the DPC is held today on 22.3.2005 under the Chairmanship of Sh. Jitender Dhawan, Chairman Managing Committee of this school is his chamber to consider the promotion of eligible candidates from the feeder cadres of Assistant Teachers and Lab Assistant to fill up the three vacant posts of L.T/T.G.T. Hindi. The following members of the DPC were present:-
1. Sh. B. Srivastava – D.D.E. Science Branch D.E’s Nominee
2. Mrs. B.B. Punj – Education Officer Zone – 1 Distt. East
3. Dr. Mithlesh Verma – Subject Expert Principal S.K.V. Shastri Park, Delhi.
4. Mrs. Varsha Rani – Vice Principal Head of the School.
The two posts of language teachers have fallen vacant due to the promotion and retirement of Smt. Usha Kumari L.T. & Shanta Sood L.T. respectively. One post is a newly created post. These all the posts of L.T. Hindi exists in the post fixation 2003-2004.
The manager has certified that no court case is pending neither against these posts nor against the candidates whose names are being recommended for promotion to the said post. Besides no surplus teacher of any other school has been adjusted by the department against these posts. No teacher has been rendered surplus who may have claimed for the post adjusted some were in any other institution.
The feeder cadres for promotion to these posts are Assistant Teacher Cadre & Lab Assistant Cadre. As per R.R. for promotion where promotions to a grade are made from more than one grade or are made from different feeder cadres the eligible persons shall be arranged in separate lists in the order of their seniority in their respective grades and the selecting authority shall select persons from EACH LIST upto the prescribed percentage, if any. A quota to the extent of 05% is prescribed in promotion for a Lab Assistant.
The DPC considered and scrutinized all the relevant records viz. educational qualifications, experience, seniority lists, ACR’s & result (5 years), vigilance clearance, integrity report, work & conduct report in respect of Sh. Arun Kumar Dhaka, Lab Assistant and found him eligible for promotion to the post of L.T/T.G.T. Hindi. DPC recommends the name of ARUN KUMAR DHAKA for promotion to the said post.
DPC also considered and scrutinized all the relevant records as stated above in respect of Smt. Sushma Rani & Neerja Tyagi (Both Assistant Teacher) & found both of them eligible for promotion to the post of L.T/T.G.T. Hindi. DPC recommends the name of Smt. Sushma Rani Assistant Teacher & Smt. Neerja Tyagi Assistant Teacher for promotion to the said post. The consolidated list for promotion to fill-up 3 vacant posts of L.T./T.G.T. Hindi is as unde
